News from the State Attorney's Office

The COVID-19 pandemic has changed the world as we know it. From the way we interact with people, to how we work, shop and even how we at the State Attorney's Office carry out our Smart Justice strategies.

As your State Attorney, my priority is public safety and keeping you informed of important updates. Though we have had to address certain challenges brought about by this virus, I want to reassure you that the wheels of justice continue to turn as we continue to work on cases with our law enforcement partners.

My Leadership Team created a Continuity of Operations plan which is in effect. We have been able to send non-essential staff home and have missions-critical staff work remotely, only coming in to the office if truly necessary.

Our commitment to keeping you informed led us to create an online portal where you can find developments on the COVID-19 outbreak and the impact those changes may have on our operations. I invite you to access the portal at www.miamisao.com/COVID-19 .

We also are using all our social media platforms to share the latest news and information regarding our operations and matters that are important to you.

As information and directives become available from the COVID-19 National Task Force, the Centers for Disease Control (CDC), and state and local leadership, we at the SAO are adapting to what is required of us to flatten the curve of the virus and be part of the solution in winning the war against this invisible enemy.

On a more personal note, I know that the stress of the situation that we are living is affecting us all in many ways. We as individuals and as a community are experiencing heightened levels of anxiety, depression, frustration, and other disempowering emotions. This is a natural reaction. We need to be aware that every one of us is battling our own fears and trying to cope as best as possible. Let us be mindful of that when we are communicating with each other.

It is up to all of us to come together as there is power in unity. Though COVID-19 has ravaged our country, our community's reaction reminds us of how special we are. We have seen people taking care of each other, a renewed sense of community, enhanced social responsibility, and connections being created to keep us together even when we cannot be in the same physical location.

Let us take the lessons we have learned from COVID-19 and move forward together, focusing on the issues that really matter. We can take action and transform our community, society and the world.

Thank you for staying home and keeping us all safe.

Sincerely,

SAO Staff Rise to the Challenge

State Attorney Katherine Fernandez Rundle always lauds the work of all members of her SAO team and touts that she is blessed to have the 'Best Team in America'.

"During this COVID-19 pandemic that has reached our community, my team has exemplified what being in public service looks like," says State Attorney Fernandez Rundle. "Their response, resilience, and willingness to continue our mission despite the adversity we have found ourselves experiencing, is absolutely incredible."

Everyone at the SAO has been forced, almost overnight, to adapt to changes in our lives and work that we likely never would have imagined. Yet we have found a way to continue our work serving our community without hesitation and question.

As with many other challenges that have come our way and storms that we have weathered, we are getting through this together. Though navigating these uncharted waters has been most challenging, the SAO family has always been able to survive, thrive and conquer any situation or obstacle.

"We remain committed to ensuring the safety of our victims, our witnesses, our dedicated employees and their families, and the public at large," assures State Attorney Fernandez Rundle. "We will continue to work to ensure that no matter what the upcoming days, weeks or perhaps months may bring, we will always have your s afety and well-being at the forefront of any decision we make."

SAO Continuity of Operations Plan

The SAO always stood out for the innovative and inclusive way that we meet the needs of our community and within the criminal justice system. When creating a plan to face any situation, the Leadership Team brings together individuals that contribute their varied talents and skills sets to the table.

The COVID-19 pandemic has presented unprecedented challenges, yet we continue to fulfill our public safety responsibilities while doing our part to flatten the curve of this virus.

We have partnered with local stakeholders, including the courts, clerk's office, and Public Defender's Office to implement a number of changes to protect everyone.

Drawing on our prior experience managing hurricane-related crises, we have been able to transition to "mission critical" status fairly quickly. At this time, most of our staff is on administrative leave and working remotely. The transition has not been easy.

Our LeadershipTeam and Information Systems (IS) staff have worked long hours creating new processes that allow us to implement technology such as virtual interviews, virtual courtrooms, meetings, pre-file conferences and e-filing of motions. This allows our prosecutors and staff to work remotely from home whenever possible.

As part of this mammoth effort, Information Systems configured and distributed an additional 117 laptops, and provided the Administrative Office of the Courts with 135 cameras. Over 1500 people have taken advantage of our new virtual systems since their implementation.

The courts continue to conduct mission-critical hearings that directly address in-custody individuals, including bond hearings, domestic violence injunctions, juvenile detention hearings, Baker and Marchman Act hearings, and emergency motions.

We created two web portals to keep everyone informed of what we're doing and to provide resources they may need. Members of the community can view our external page at www.miamisao.com/Covid19 ,

while employees can visit www.miamisao.com/saocares .

Our Child Support Program has been able to successfully transition to mission-critical operations as well. Twenty-five call center representatives are working remotely from home and have handled over 5,000 calls since March 20, 2020.

Also, SAO is utilizing the power of social media to provide important information and messages to the community. Please follow us on our social media platforms:

Office of the State Attorney - Katherine Fernandez Rundle

@kathyfndzrundle

saomiami

MiamiSAO

MiamiSAO

The situation obviously is very fluid. We remain committed to adapting our policies and procedures to meet our collective needs and to keep you safe as the situation develops.

Thank you all for your continued patience, cooperation, and commitment as we work through this crisis together.

Domestic Violence and COVID-19 Pandemic

For those who find themselves in abusive relationships and Domestic Violence situations, being in isolation or staying at home with their abuser can be dangerous and deadly.

If someone is in immediate danger, they need to call 911. Police are responding to Domestic Violence calls as always.

As we have look at the data, we have thus far and fortunately, not seen an increase in the number of Domestic Violence arrests in Miami-Dade County since the COVID-19 stay-at-home/social distancing guidelines were implemented.

In fact, Domestic Violence arrests for the month of March 2020 are about 16.5% lower than our previous 12-month average. However, this is obviously a very fluid and rapidly evolving situation. We will continue to monitor our crime statistics in all areas - including Domestic Violence - as this crisis continues to unfold in the coming weeks and months.

SAO Domestic Violence Units (Misdemeanor and Felony) are operating and attending to victims during this time. Our commitment to keeping them safe is the same now as it always is.

We have adapted the manner in which we operate to make sure that we are keeping the public and our staff in compliance with all health and safety guidelines and protocols.

Our prosecutors and staff are working remotely from home. We do have some of them on rotation to cover bond court appearances and arraignments. Lawyers continue to work on cases that were filed before the pandemic so that the wheels of justice stay in motion when operations return to normal.

SAO programs that serve victims of Domestic Violence, the Domestic Assistance Response Team (DART) and Mobile Operations Victim Emergency Services (M.O.V.E.S.), are still operational. We have transitioned to working remotely and have implemented the new Lifesize feature for video Pre-File Conferences 9PFC0.

The M.O.V.E.S. Program has on-call paralegals who respond to Domestic Violence arrest cases immediately after the crime to help the victims regain control of their lives by assessing their needs, taking sworn statement of the incident, providing a safety plan and appropriate referral information available in the community. This early intervention also helps build better cases for prosecution.

M.O.V.E.S. continues to receive phone calls from police departments, according to the established criteria for the program.

The M.O.V.E.S. paralegals contact victims, assess immediate needs, offer services, and attempt a video PFC via Lifesize. All M.O.V.E.S. paralegals are obtaining e-mail addresses for victims.

All e-mail updates from the M.O.V.E.S. Paralegals are being saved in vCase. E-mail addresses and phone numbers are also being added to Hydra.

When our Misdemeanor and Felony Domestic Violence Units receive these cases, the Stay-Away orders are scanned in vCase.

DART provides a helping hand for Assistant State Attorneys with victims of Domestic Violence, Sexual Battery, and Elderly Abuse by doing a complete assessment of the victim's needs and continuing contact with the victims on a regular basis.

DART has transitioned to e-mail information to victims regarding their rights and participation in the criminal justice system. The DART counselors are also e-mailing the scanned Stay-Away Order to the victims, as well as injunction, crimes compensation and safety information.

The most important message for victims of Domestic Violence to understand is that they are not alone during this time and we are here to help them.

SAO Community Outreach

FarmShare

On Thursday March 26, 2020, team members from the Office of State Attorney Katherine Fernandez Rundle collaborated in what was certainly a record-breaking free food distribution event in South Florida. The Farm Share Florida food program along with State Representatives, County and City officials, gave a lending hand to over 2,000 families in need hosting a drive-thru food distribution that included produce, fruits and vegetables and cases of water, among other essential food items.

"This virus has shut down many organizations and left many people unemployed. We are truly grateful to be able to have our dedicated SAO staff participate in this much-needed event providing assistance to our residents during this time of need," commented State Attorney Fernandez Rundle. "I am very appreciative of my Chief Assistant State Attorney Stephen Talpins and Community Outreach Representative Ana Hume for volunteering their time to help our community."

Documentary Highlights

Miami-Dade Mental Health Treatment Courts

On March 9th, State Attorney Katherine Fernandez Rundle attended the world premiere of "The Definition of Insanity", a documentary directed by Gabriel London and Charlie Sadoff, held during the Miami Film Festival at Miami-Dade College's Silverspot Cinema.

The State Attorney is featured in the documentary, along with Judge Steven Leifman, Public Defender Carlos J. Martinez, and Miami area recovery peer specialists, police, and leaders and individuals from the mental health and jail systems. The film showcases how our Mental Health Jail Diversion Program benefits individuals in the criminal justice system who suffer from mental illness and the entire community.

After the screening, State Attorney Fernandez Rundle participated in a panel discussion to discuss how our alternative criminal justice approach brings together prosecutors, public defenders, judges and mental health experts to reach a holistic solution for these defendants.

"The Definition of Insanity" airs nationally on PBS April 14, 2020.

In The News

17 Years Later, Murderer is found Guilty

On July 15th, 2003, Gladys Jorge's lifeless body was found lying in a pool of her own blood by her mother, who lived next door. Seventeen years later, the man responsible for her death, 76-year-old Eugenio Fariñas, was found guilty of second-degree murder with a deadly weapon and faces up to life in prison.

Fariñas, who had been the victim's live-in boyfriend for six months, was not present when the body was discovered.

Though police found no signs of forced entry, they did find potential evidence in the home. There was a footprint that was made by someone wearing a sock and then a trail of footprints that went to the defendant's bathroom.

There they found socks and underwear that had been washed and hung to dry. Police believed that those socks had been worn by the killer during the murder.

When they sent these pieces to the lab, they could only see an overwhelming amount of female genetic material and were not able to extract any male DNA that they could match to Fariñas. They also found a bloody, broken dumbbell in the room in which the defendant kept his belongings.

Officers had been on scene for nearly two hours when 911 dispatch received a request for a wellness check at Gladys Jorge's address. The caller advised that "someone might be injured". Investigators were able to trace the call back to Fariñas' divorce attorney's office.

The medical examiner had determined that Gladys Jorge, a 57-year-old City of Miami accountant, suffered blunt force injury to the face and head before being choked to death. And although Fariñas was the sole suspect in the murder, there simply wasn't sufficient evidence to make an arrest at that time.

But then in 2015, Miami-Dade Police Department Det. Maria Mederos, who was part of the original investigation, was assigned this "cold case". Fortunately, using new advances in technology, Fariñas' DNA was matched to genetic material that had been found on socks and underwear that were in his bathroom at the victim's home. Thanks to the results of this testing, Fariñas was arrested.

Additional evidence, such as, a jail call between him and his ex-wife was also valuable. During the conversation, he insinuated that she should say she didn't remember anything about the case and that Fariñas never discussed the case with her.

Then in 2019, the defendant's lawyer filed a speedy demand and the case went to trial. Division Chiefs Marbely Hernandez and Kimberly Rivera presented the state's case which included testimony from Gladys Jorge's daughter, who was a public defender in Broward County at the time. In addition to being presented with forensic evidence in the case, the jury also learned that the house was not ransacked; the defendant never returned home the day of the murder and did not attend Gladys' funeral; and Fariñas never retrieved any of his belongings from the home.

The defense argued that the actual killer was a disgruntled ex-boyfriend who had lived with the victim before she had a relationship with the defendant. They attempted to cast doubt on the state's case and on the victim's reputation.

After a week-long trial, the jury deliberated for about an hour before coming back with a verdict of guilty beyond a reasonable doubt. This verdict was reached as a result of the work of law enforcement, forensic specialists and our dedicated SAO family: Division Chiefs Marbely Hernandez and Kimberly Rivera, Trial Coordinator Yenis DeArmas, Homicide Counselor Andrea Marquez, and Rene Ferrer and Angel Del Castillo from Litigation Support.

Thanks to this amazing team's dedication and professionalism, seventeen years after the gruesome murder of Gladys Jorge, justice was served and Eugenio Fariñas will finally pay the consequences for his actions.

Courthouse Highlights

Congratulations to Felony Division Chief Tiffany Finger and Assistant State Attorney (ASA) Kevin Betancourt for securing a guilty verdict in a Second-Degree Murder with a Firearm case that was mostly circumstantial.

After a three-year-old boy was found wandering the streets shirtless and alone, a search for his parents revealed a gruesome scene at his home. The defendant, his father, had shot his mother and then shot himself in the head twice.

Since there were no eyewitnesses to the murder, there was no way to know exactly when each shooting occurred. The State used Williams Rule witnesses and the testimony of the medical examiner to narrow down a possible time of death. The prosecutors relied on forensic evidence and the circumstances of the crime scene to disprove any theory involving a possible third person being the shooter.

During the two-day trial, the defendant appeared in court in a wheelchair and would periodically break out into fits of crying in order to win sympathy from the jury. The defendant had a previous conviction for murder in 1988.

It only took the jurors a few hours to reach their verdict of guilty as charged of Second-Degree Murder with a Firearm.

A special thanks goes to Natasha Leveille for all her hard work facilitating the presentation of fifteen witnesses over two days, and to Homicide Counselor Diane Santana.

Congratulations to ASAs Mari Jimenez, Priscilla Ruiz, and Michael Sartoian for securing a guilty as charged verdict in a Second-Degree Murder case from 2004.

This was a challenging case wherein the critical issue was proving the defendant was the shooter. The evidence at trial showed that the defendant drove onto the swale so that his brother, who was the front passenger, could begin a fist fight with the victim. During the fight, the Defendant, who was the driver of the vehicle, shot the victim.

Due to the age of the case, several witnesses were unavailable, leaving only two live eyewitnesses to testify that the flash of the gun happened within the vehicle. No firearm was recovered, but various forensic evidence was collected during the investigation-including GSR and trace evidence material.

The State offered three different firearm experts, one trace evidence examiner, and the Medical Examiner to establish that the shots came from the center console of the vehicle and that the defendant/driver was the shooter.

The one-week trial was presided by Judge Tinkler-Mendez. After reviewing all the evidence and testimony, the jury found the defendant guilty of second-degree murder. He now faces a sentence of life in prison.

Special thanks to Jaisel Cordoba, Rayna Milfort, and Idalma Gurruchaga for all their tireless work and assistance with this case. Also, special thanks to Senior Trial Counsel Abbe Rifkin for her legal expertise.

SAO Profile in Passion - Patricia Hollocher


Patricia Hollocher. SAO Traffic Homicide Counselor

This month has been fraught with many changes and resulting anxiety, and yet, especially in these times, it is important to stay focused on the positive. The famous "Mr. Rogers" once said in an interview that his mother gave him advice to follow during times of catastrophe or chaos, "Always look for the helpers... because when you see them, you know that there is hope."

This month, we are highlighting one of our beloved SAO family members who is a huge help to families of victims of Traffic Homicide cases. She will be retiring on April 30th, 2020, after 15 years of dedicated service as an SAO team member. March 2020's 'Profile in Passion' is Patricia Hollocher.

P atricia "Pat" Hollocher makes sure that her office is a warm and inviting refuge for the families of victims of Traffic Homicide. There is dim lighting, a bowl of assorted chocolates and a pot of coffee that emits a delicious smell that fills the hallway. "I want them to feel at home," she says in a caring and heartfelt tone.

She is one of two SAO Traffic Homicide Victim/Witness Counselors. "I work with the Assistant State Attorneys (ASAs) on the third floor (of the Graham Building) and Isis Ferreiro works with the ones on the second floor."

Born in Burlington, Vermont to a military family, at six months old Pat and her family moved to St. Louis, Missouri where her parents were from originally.

Though she has spent most of her life in law enforcement, as a child Pat wanted to be a teacher. "I studied to be a teacher in college. And after six months on the job, I knew that it wasn't for me."

So in 1974, she became an officer with the St. Louis County Police Department. "I was one of a few women on the force. I worked on rape cases and taught a women's self-defense class."

From 1977 to 1978, Pat worked as a Deputy United States Marshal. She then went on to be a Training Instructor at the Federal Law Enforcement Training Center (FLETC) from 1978 to 1981. There, she taught police driving at the center in Brunswick, Georgia. FLETC trains 34 federal agencies.

During her time at FLETC, Pat met and married an ATF agent with whom she moved to Miami. She worked as a paralegal at the United States Attorney's Office for the Southern District of Florida from 1981 to 1985 on money laundering cases.

After staying home with her children for a few years, she joined the staff at Miami-Dade College in 1991. "At first, I worked in the Child Care Training Program and later with the Director of Community Education at the Kendall Campus."

Ten years later, when she was almost 50 years old, Pat set out on another adventure. She joined the Miami-Dade Police Department (MDPD). "Most in my basic training class were old enough to be my kids, so they called me 'Trainee Mom'."

But it was in 2002 that her life was forever changed by the death of her youngest son Eric, who was killed in a car accident. He accepted a ride home after school from a friend who had just gotten a new car. The friend was showing off and lost control. Eric was ejected from the vehicle and did not survive.

The devasting loss of her son changed her life in many ways. As a police officer, Pat understood the law enforcement aspects of the case. But once the case came to the SAO, she didn't understand how that part of the criminal justice system worked. "The continuances drove me crazy."

"I asked God to give me the opportunity to help others going through what I went through so that they could understand," she says. "Though I didn't know exactly how that would happen."

In 2005, she left MDPD without any idea of what to do next. "A friend mentioned that there were positions available at the SAO. So, I applied and was hired a few days later."

Pat started as a Victim/Witness Counselor and later promoted to lead worker. In 2009, there was a grant for the SAO that created two positions for Traffic Homicide Counselors.

"When I took this job, I was asked if it would bring up old wounds. I said no, and it hasn't. Helping these families navigate the system is healing. I let them know that they are heard and that their case hasn't fallen through the cracks."

Pat doesn't initially share her story with the families, though eventually it comes up in conversation. "It does create a special bond because they know that I have been where they are and know exactly what they are thinking and feeling."

"I'll confess that when I took this job, it was not supposed to be a long term one, but I fell in love with the SAO. This is what I have always wanted to do. The work is fulfilling, and the people are amazing."

After 15 years of service and taking care of victims and their families, Pat will be retiring on April 30th, 2020. "I plan on volunteering with Mothers Against Drunk Driving (MADD) and with Florida Highway Patrol as a Victim Advocate."

Pat was planning to travel and spend time with her family in Missouri, but the current COVID-19 pandemic has postponed her plans. "My oldest daughter is a trauma nurse in Missouri, and I worry about her because they are running out of supplies."

As part of the SAO Continuity of Operations Plan, Pat is working from home. She has been in contact with the families from the Traffic Homicide cases she is working. "I've called them to remind them that they can

reach out to me any time and they are not alone."

"I have enjoyed working with the ASAs and teaching them how to interact with next-of-kin on Traffic Homicide cases. I share with them my professional and personal experience. It is important to connect with the families and show them that you care. I have had many prosecutors tell me how that advice has helped them when speaking with family members."

Patricia Hollocher is a valuable and beloved member of our SAO family. Though we are sad to see her leave us, we are glad that she will continue to be an advocate and champion for the families who need her expertise.

If you have an employee that you would like to nominate to be featured as a Profile in Passion, please send to:

katherinefernandezrundlenews@miamisao.com