A Message from the State Attorney |
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Dear Friend,
Even though we are still enjoying our South Florida summer, this is a time to look forward and prepare. While many parents are getting their children ready to return to school, we are preparing for the primary elections on August 23rd. Absentee ballots have already gone out and early voting begins on Monday August 8th.
As your State Attorney, I am committed to protecting your right to vote. That is why years ago I created a special hotline for registered voters to use if you experience any difficulty in voting or observe suspicious conduct.
My Voter Protection Task force is ready to ensure that your voting experience remains free of any impropriety or illegal activity. If you see or suspect irregularities at the early voting sites, with mail-in ballots or on election day, please call my Voter Protection Hotline at 305-547-3300.
In order to make sure that voting in Miami-Dade County is fair and that every voter’s voice is heard, I have set up an Election Response Team that will respond to any complaints of possible voting irregularities. My team of investigators will be available during scheduled voting hours throughout the early voting period from August 8, 2022 through Aug 21, 2022, and again on election day, August 23, 2022.
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It is important that every registered voter in Florida know their Voter’s Bill of Rights:
Each registered voter in this state has the right to:
· Vote and have his or her vote counted accurately.
· Cast a vote if he or she is in line at the official closing of the polls in that County.
· Ask for and receive assistance with voting.
· Receive up to two replacement ballots if he or she makes a mistake prior to the ballot being cast.
· An explanation if his or her registration or identity is in question.
· If his or her registration or identity is in doubt, cast a provisional ballot.
· Written instructions to use when voting, and upon request, oral instructions in voting from elections officials.
· Vote free from coercion or intimidation by elections officials or any other person.
· Use a voting system that is in working condition and that will allow votes to be accurately cast and counted.
Also, remember to make sure that you take proper identification to your polling station and know the location of your voting site and hours of operation as they may vary, especially during Early Voting.
Being informed and prepared is the best way to protect our vote, our voice, and our democracy. You can count on me as your State Attorney to act on every citizen’s behalf to preserve the integrity of our elections and every vote cast.
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Stay safe, healthy, and strong.
Sincerely,
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State Attorney Katherine Fernandez Rundle
Receives FPAA's
Eugene Whitworth Award
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The Florida Prosecuting Attorneys Association (FPAA) presented their highest recognition, the prestigious Eugene Whitworth Award, to State Attorney Katherine Fernandez Rundle, acknowledging her “outstanding achievements and contributions to the Criminal Justice System.”
“I am truly humbled that my fellow State Attorneys have honored me with this award,” said State Attorney Fernandez Rundle. “I am so grateful and blessed to have a career that has brought so much meaning to my life. All of us who have the privilege of being part of this most noble of professions, prosecution, to be warriors for what is right and justand the rule of law, are indeed blessed.”
The FPAA, whose members are Florida’s 20 elected State Attorneys and over 1900 Assistant State Attorneys, was created in 1986 to serve the needs of Florida’s prosecutors. The FPAA has long given special recognition to those prosecutors who have made outstanding contributions for the protection of the people of Florida and whose accomplishments have moved the criminal justice system forward to better meet the needs of an ever-changing state.
As Florida’s first female Cuban-American State Attorney, Katherine Fernandez Rundle brings a unique perspective to our office. She is a Smart Justice pioneer who has had a profound impact on the system, not only locally, but also statewide and nationally.
The State Attorney’s dedication to Smart Justice is rooted in her family’s commitment to public service. Her father, Dr. Carlos Benito Fernandez, served as Miami’s first Hispanic judge and was a founder of the Cuban American Bar Association (CABA). She followed in her father’s footsteps when her peers elected her CABA’s first female president.
State Attorney Fernandez Rundle is a renowned prosecutorial innovator recognized for many ground-breaking accomplishments that have transformed the administration of justice. She conceived of and helped implement the nation’s first Drug Court, leading to a national movement. Today, there are over 4,500 drug treatment court programs around the county.
She also promoted civil citations in lieu of arrest and greatly expanded our diversion programs, developed Florida’s first Domestic Crimes Prosecution Unit, and created our Gun Violence Reduction Initiative. Her nuanced approach to justice has allowed us to rehabilitate those we can while punishing those we must and contributed to an almost 70% reduction in our local crime rate during her tenure. State Attorney Fernandez Rundle’s commitment to keeping the most hardened and violent criminals off our streets and behind bars is exemplified in her specialized units that focus on Career Criminals, Gangs, Cyber Crimes, Economic Crimes, Organized Crime, Public Corruption, Hate Crimes Unit, Human Trafficking, Domestic Violence, Traffic Homicide, and Elder & Vulnerable Adult Exploitation.
As the driving force in our community’s battle to eliminate Human Trafficking, she also established the State Attorney’s Human Trafficking Task Force in 2012. The Task Force works with multiple law enforcement partners to develop new and effective methods save and rehabilitate victims and prosecute those who prey on them.
Recognizing the importance of prevention and community engagement in public safety, State Attorney Fernandez Rundle created her Community Outreach Division to deliver community services and crime prevention assistance directly to residents throughout the County. Her “Second Chance Program” operates highly anticipated monthly “Sealing and Expungement” events that provide eligible individuals who have been arrested in Miami-Dade County the opportunity to have their record sealed or expunged.
State Attorney Fernandez Rundle shared this merited award by recognizing her Miami Dade SAO family: “I have the honor of working with like-minded warriors, my prosecutors, and our wonderful support staff, who fight every day, in and out of the court room, for the voiceless, the powerless, and the vulnerable, to protect our community. Seeing the great work they do every single day at great personal sacrifice to themselves and their families, gives me boundless strength and inspiration.”
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Miami-Style Justice Goes International
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In February 2022, Minas Gerais Prosecutor Eduardo Machado reached out to the SAO through the Fair and Just Prosecution (FJP). FJP works with prosecutors throughout the United States to implement and develop smarter and more equitable systems and is a resource for those interested in Smart Justice programming.
A couple of weeks later, Mr. Machado was hosted by State Attorney Katherine Fernandez Rundle and met with Chief Assistant State Attorney (CASA) Stephen Talpins for a tour of our office. He was so impressed that he invited State Attorney Fernandez Rundle and Chief Assistant -Talpins to visit Brazil and open the Belo Horizonte clinic for prosecutors as well as present to others statewide. While the State Attorney’s busy schedule did not allow her to travel abroad, she sent CASA Talpins.
Two weeks later, Minas Gerais Attorney General Jarbas Soares Junior and Prosecutor Machado visited our office to meet State Attorney Fernandez Rundle and learn more about our programs.
During their two-day visit, our guests met with Division Chiefs and staff from various units and with the State Attorney. They were very interested in hearing about the State Attorney’s many innovations, particularly those addressing substance abuse, gender violence, and gun violence. They spoke about a variety of different obstacles they face and how Smart Justice could possibly facilitate their prosecutorial efforts. At the meeting, FJP Executive Director Miriam. Krinsky joined them to discuss how we can continue working together to improve our respective systems.
As a result of these mutual visits, Attorney General Soares Júnior and Prosecutor Machado requested that we continue to participate in a series of virtual meetings to exchange ideas and our work with them as a future visit is planned.
State Attorney Fernandez Rundle was humbled and honored to receive this kind of recognition and we are thrilled to have developed such a great relationship with our Brazilian counterparts. We look forward to working together to better serve both of our communities.
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Miami-Dade County Commission for Women Focuses on Human Trafficking |
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State Attorney Katherine Fernandez Rundle kicked off the Miami-Dade County Commission for Women (CFW) July workshop at which the topic of conversation was Human Trafficking.
The State Attorney shared a presentation on the work her Human Trafficking Task Force is doing to combat the scourge that is this form of modern-day slavery. Speakers included Miami-Dade County Community Action & Human Services Assistant Director Ivon Mesa, who spoke about the services available for the survivors, and Miami-Dade Police Detective Jessica Barriel, who shared her experiences working on the Department’s Human Trafficking Squad.
The Commission for Women (CFW) was created in 1971 as an advisory board to the Board of County Commissioners, the County administration, and the public, to advocate for women's rights and address equity concerns for women in the Miami-Dade County area.
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Partnership to Expand
Human Trafficking Awareness Outreach
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State Attorney Katherine Fernandez Rundle hosted a meeting with Community Police Relations Foundation (CPRF) Outreach Team Leaders and community stakeholders.
The meeting focused on State Attorney Katherine Fernandez Rundle’s Human Trafficking Task Force efforts to bring awareness to this modern-day slavery, and to inform the community on how to identify and report Human Trafficking.
State Attorney Fernandez Rundle conducted a presentation for those in attendance with Director of the SAO Human Trafficking Task Force, ASA Brenda Mezick.
Also present for the meeting were Human Trafficking Task Force members ASA Ashley Morales and Victim Witness Services Director Sandra Lawrence, CPRF Founding Chairman & CEO Al Eskanazy; CPRF Founding Co-Chairman & President Barry Skolnick, and CPRF Director Shareef Malnik.
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SAO Elder and Vulnerable Adult Unit
& Task Force
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Deputy Chief Assistant of Special Prosecutions John Perikles and Criminal Investigations Division, Human Trafficking, and Elderly Exploitation Chief Emiliano Tamayo, along with members of our Elder and Vulnerable Adults (EVA) Unit, partnered with Miami-Dade Police Department's Community Affairs Bureau and Organized Crimes Bureau for an event at Arcola Lakes Senior community Center, sharing valuable information about the EVA Unit and Task Force, and how not to fall victim to fraud and scams, which mostly target our elder population.
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Fugitive Accused in 2000 Killing of ex-Girlfriend Returned to Miami-Dade from Guatemala |
Miami-Dade State Attorney Katherine Fernandez Rundle, in partnership with Gadyaces S. Serralta, the United States Marshal for the Southern District of Florida, the United States Marshals Fugitive Task Force, the Extradition Unit of the Miami-Dade State Attorney’s Office, the City of Miami Police Department, the Department of Justice’s Office of International Affairs, the Miami-Dade Police Department Extraditions Unit and the government of the Republic of Guatemala announce the return to Miami-Dade County of Walter Saul Perez.
“After almost twenty-two years, Walter Saul Perez is now in state custody. For the victim’s family, this long wait has only added to their suffering,” said State Attorney Katherine Fernandez Rundle. “Thanks to the resolute efforts and commitment of my prosecutors and staff in the Extradition Section of my Legal Unit, and the commitment of the U.S. Marshals Service, the Department of Justice’s Office of International Affairs, the Government of the Republic of Guatemala and the continued commitment of the City of Miami Police Department and the Miami-Dade Police Department to bring this case to justice, Walter Saul Perez will now have to stand before a criminal court judge and face the justice he so long sought to avoid.”
Walter Saul Perez was indicted by the Miami-Dade Grand Jury on
November 28, 2018, and charged with:
• 1 Count - First-Degree Murder
• 1 Count - Attempted Felony Murder with a Deadly Weapon
• 1 Count- Aggravated Battery
On December 4, 2000, the homicide victim and her boyfriend were sitting at the bar inside the El Salvador Bar located at 1771 NW 7th Street, Miami talking with a bar employee. At approximately 12:30 a.m., Walter Saul Perez, who was the former boyfriend of the victim, entered the bar. Once inside, Perez allegedly stated in Spanish to the victim “this is the way I wanted to catch you” and began arguing with the victim. During the argument, Perez allegedly pulled out a knife and stabbed the victim in the arm and the stomach. The victim’s boyfriend attempted to intervene and was allegedly stabbed in the chest. The bar employee attempted to call the police, but Perez told her not to move. Instead, she ran and hid in the bathroom. The victim’s boyfriend ran to get help and saw Perez chase the victim behind the bar and allegedly stab her multiple times. Perez then fled the bar on foot. The victim succumbed to her fatal injuries, suffering twenty-six (26) stab wounds.
An arrest warrant was issued for Perez on December 7, 2000 and the Grand Jury issued an indictment. Perez was ultimately arrested in Guatemala on December 19, 2021.
“Within our broad law enforcement mission, the arrest of violent fugitives is a primary task for members of the United States Marshal Service,” commented Gadyaces S. Serralta, the United States Marshal for the Southern District of Florida. “Being able to bring Walter Saul Perez back to Miami to stand trial after his 22 years of running from the law should be a message to all fugitives that the United States Marshal Service does not rest until its mission is completed. We want to thank the government of the Republic of Guatemala and our United States Marshals Service Foreign Field Office for facilitating the extradition. We are also grateful to the State Attorney, SAO Extradition Unit attorney team, the City of Miami Police Department and the Miami-Dade Police Department for their unwavering dedication and resilience in the pursuit of justice.”
“The Miami Police Department always continues to work and strive towards obtaining closure for the victims’ families,” stated City of Miami Police Chief “Individuals who chose to inflict harm on innocent constituents of the City of Miami will be held accountable to the full extent of the law.”
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SAO and Girl Power Rocks
Unite to Encourage Young Girls
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State Attorney Katherine Fernandez Rundle, joined by Deputy Chief Assistant Scott Dunn, Community Outreach Division Director Nilo Cuervo and Community Outreach Representatives Janeen Jones, Angie Fernandez, and Ana Hume, hosted a meeting with Thema Campbell, President and CEO of Girl Power Rocks, to discuss the non-profit’s initiative to provide assistance and housing for young girls who may be victims of Human Trafficking.
Established in 2000, Girl Power is a prevention and intervention social change program that promotes positive behavior, enhances social skills and improves academic performance in at-promise girls ages 11 - 17.
State Attorney Fernandez Rundle pledged to help support the group’s mission that encourages young girls to build confidence, competence and pride within themselves.
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Community Outreach in Action |
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Our Community Outreach Division hosted another successful “Second Chance” Sealing & Expungement Program event at the Joseph Caleb Center. We assisted 98 individuals and 53% were eligible to have their criminal case sealed or expunged. Our next event will be held on August 25,2022 at Elizabeth Virrick Park in Coconut Grove. For more information, please call (305) 547-0724.
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Community Outreach Representative Janeen Jones participated in the Mothers Fighting for Justice's 8th Annual Memorial Walk for Justice.
Many community members and organizations came together to support families who have lost loved ones to senseless gun violence and police brutality. Those in attendance included Romania Dukes, founder of Mothers Fighting for Justice, and Sybrina Fulton, co-founder of the Trayvon Martin Foundation.
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Community Outreach Representatives Ana Hume and Luis Martinez joined local leaders, including Miami-Dade Mayor Daniella Levine Cava,
families, loved ones and MDCR
Director Cassandra Jones and members of the Miami-Dade Corrections and Rehabilitation Department (MDCR), partnered with “Beyond the Call of Duty/End of Watch Ride” for a Memorial Service to remember and honor the agency’s 6 fallen officers who passed away in the line of duty in 2021.
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Community Outreach Representative Angie Fernandez joined members of the Coral Gables Police Department and the City’s Crime Watch Program for a Coffee with a Cop at Café Demetrio.
Numerous residents and business owners, including bankers, moms, a science teacher, retirees attended the event and Angie shared information with them about our START Program and other community programs and services.
For information about our programs or to schedule one of our presentations, please call 305-547-0724 or send an email to Communityoutreach@miamisao.com
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Elder Exploitation Unit Victim Specialist Carmen Duran and Community Outreach Representative Luis Martinez attended a Seniors Luncheon Seminar coordinated with the Miami-Dade County Elder Affairs Advisory Board and hosted by the Hispanic Coalition at the General Antonio Maceo Community Center in West Miami.
Carmen shared information on our Elder Exploitation Unit and exploitation prevention and safety tips. To contact our Elder and Vulnerable Adult Exploitation Task Force, please call (786) 804-6723.
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Former Deputy Chief Assistant
Howard Rosen Receives FPAA's
Eugene Berry Award
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The Florida Prosecuting Attorney’s Association (FPAA) honored Howard Rosen, who recently retired as our Chief Assistant State Attorney for Special Prosecutions, with the Eugene Berry Award for his outstanding contributions to the advancement of Florida’s criminal justice system.
“Howard’s remarkable legal skills, insights, and expertise made him a trusted advisor that I could always count on,” said State Attorney Katherine Fernandez Rundle, who presented Howard with the award. “Always a fierce advocate for victims and the public, Howard has spent countless hours educating and working collaboratively with our various law enforcement partners and stakeholders in the South Florida community. Howard played a critical role in our community-wide efforts to address the opioid crisis that has plagued our communities and taken so many young lives.”
During Howard’s 37-year tenure at SAO, he oversaw a broad range of units, including our Organized Crime, Public Corruption, Economic Crimes, Insurance Fraud, Cyber Crimes, and Narcotics Units, as well as the South Florida Financial Crimes Strike Force.
Additionally, Howard worked with the Miami-Dade County Grand Jury on their investigative reports dealing with such topics as the community benefits of passing Florida’s Amendment 4, constructive suggestions for our community before and after hurricanes, and the need to safeguard the health of Biscayne Bay.
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Chief Judge Ivan F. Fernandez,
Florida Third District
Court of Appeals
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This month we highlight a distinguished
former member of our SAO Team.
This month’s SAO Alumni Profile is Chief Judge Ivan F. FernandezEd Griffith.
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· Congratulations to ASAs La’Tiara Calloway and Leonard Thompson on securing a guilty verdict for two counts of Attempted Second-Degree Murder, Discharging a Firearm from a Vehicle, Shooting or Throwing a Deadly Missile, and Criminal Mischief while Armed. The Defendant had been romantically involved with the Victim’s girlfriend for two years prior to the incident. The Defendant and the Victim’s girlfriend had a physical altercation at work, which seemed to be the point of escalation for the Defendant committing this crime. The State’s theory was that the Defendant was paranoid based on the recent physical issues and perceived a threat that was not real, causing the Defendant to fire four to five shots at the Victim and his twelve-year-old stepson. This was a difficult case involving a claim of self-defense by the Defendant based on the Victim’s prior criminal history. Ultimately, the jury did not find the Defendant’s self-defense claims to be credible and returned a guilty verdict.
The attorneys are grateful for the support and assistance of numerous support staff that have worked on this case over the years, including Victim Witness Counselor Kyra Pajares-Marimon, Felony Division Secretary Nathalie Garcia, and FSU Paralegal Jasmine James.
· Congratulations to ASAs Alex Bergida and Sara Merrill and CLI Elizabeth Keck for securing a guilty verdict against a Defendant who was convicted on all 19 counts of the Information, including Armed Cocaine Trafficking, Heroin Trafficking, and Fentanyl Trafficking.
Officers executed a search warrant on the Defendant’s home. He was taken into custody while attempting to flush drugs down the toilet. Three young children were also located within the home. The Defendant provided a full confession. Officers then executed a warrant on the Defendant’s cell phone and additional evidence was collected. CLI Keck was instrumental in setting the scene for the jury during opening statements and helpful throughout the entirety of the trial. ASA Merrill was able to prove the chemical compound of the drugs found in the Defendant’s home.
A conviction would not have been possible without the dedication and assistance of Victim Witness Specialist Walter MacWaters and Legal Assistant Stephany Mercado.
· Congratulations to DC Cristina Diamond and Narcotics ASA Antonio Pena for securing a conviction on a charge of Second-Degree Murder and Felon in Possession of a Firearm. The Defendant is a Habitual Felony Offender and is now facing Life with a 25-year minimum mandatory on the Second-Degree Murder and 30 years with a 3-year minimum mandatory on the Felon in Possession charge.
The Defendant was charged with First-Degree Murder in the death of the Victim, Carl Kinchen. On February 20, 2021, the Defendant arrived at his mother’s house where his younger brother was playing football with several of his friends, including the Victim. As the Defendant walked up to the house, he immediately confronted the Victim and told him to leave. The Defendant went inside the house and came out a short time later with a firearm in his hand. He again confronted the Victim and told him to leave. At this time the Defendant’s mother and brother began arguing with the Defendant and telling him to leave. The Defendant was still upset, and as he walked to his car, began shooting at the Victim. The Victim and his friends ran, but the Victim was shot in his left hip.
Williams Rule evidence was introduced regarding an incident 3 months earlier where the Defendant had discharged a firearm in the air after a verbal fight with his girlfriend and the Victim. The State used this evidence as proof of motive in the homicide case.
This case was particularly difficult due to a rushed timeline, difficult witnesses, and the Defendant’s decision to proceed pro se. The Defendant was arrested in October and, following his Arthur Hearing in January, he quickly went through multiple attorneys before deciding to proceed pro se in mid-February on a Demand for Speedy Trial. After his demand was filed, the Defendant was indicted for First Degree Murder. On the eve of and during trial, the State was still receiving discovery. In addition, the State had to obtain three material witness bonds. Two of the witnesses were picked up the weekend before trial and one was never located. The other witnesses were reluctant to testify because they were very afraid of the Defendant. All of the witnesses refused to admit that they actually saw the Defendant shooting. The most they would do was identify him on a grainy video as having a gun. The State had to rely upon videos, only one of which captured part of the homicide, the location of the casings, and the location of the Victim’s gunshot wound, to prove the Defendant was the one who shot the Victim.
Following the close of evidence, the jury was unable to reach a verdict. After two Allen charges, the judge created a unique verdict form where he asked the jury if they had reached a decision on any of the charges and lesser-included offenses. The Judge found the Defendant not guilty of First-Degree Murder but remained hung on Second Degree Murder. The bifurcated trial continued, and the Defendant was convicted of Felon in Possession of a Firearm.
Based upon the jury’s verdict, the State was unable to retry the Defendant for First-Degree Murder. On July 5, 2022, the State proceeded to retry the Defendant in front of another Judge for Second-Degree Murder. In the interim, the Defendant decided to discharge his standby counsel, who had taken over during the first trial after jury selection. At the end of the first day of testimony, the Defendant changed his mind. Since his previous counsel was unable to step in, the court had to find an attorney who was willing to be appointed in the middle of trial. The Defendant continued pro se through the remainder of the trial. Despite all of these challenges, the prosecution team still managed to convince the jury he was guilty.
The ASAs would like to thank Chief of Criminal Investigations Emiliano Tamayo, Trial Coordinators Sheyanne Sullivan, Nelson Escobar, and Mary Clifford, and Unit Supervisor Carla Ribie.
· Congratulations to Economic Crimes Unit ASAs Stacy Cleveland and Suzanne Von Paulus on the 15 years sentence imposed on a Defendant whom they successfully convicted in May 2022 of Grand Theft in the First Degree and other charges for filing fraudulent deeds. The 15-year sentence is consecutive to the 10-year sentence the same defendant received after his first trial for the same type of fraud. This particular Defendant will now serve 25 years in state prison, followed by a probationary term, for trying to steal the homes of deceased residents of Miami-Dade County by recording fraudulent deeds after their deaths. This type of crime is a massive problem throughout the County and the State of Florida. This Defendant was a repeat offender who showed no remorse throughout the four (4) years prior to trial or during either sentencing.
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