News from the State Attorney's Office

It is hard to believe that a mere month and a half ago, the world as we knew it was completely different. In the span of six weeks, our professional and personal lives were turned upside down.

Restrictions were put on our movements, we were required to wear protective masks, and in some cases, self-isolate from everyone including our dearest loved ones. Yet through it all, we established a new normal in which we have expanded our use of technology for work, shopping, or connecting with others to share life moments.

Our office has transitioned to working remotely as many others have as well, while maintaining our personal connection to those we serve. All of this has been possible due to the dedication and professionalism of each and every person at the State Attorney's Office. I am so proud to work alongside the Best Team in America!

On any given day, the vast majority of our SAO team members are working remotely. Truly, they have risen to the challenge that COVID-19 created and have conquered obstacles to diligently fulfill our mission of administering justice. Though we are physically separated, we are more united than ever. We are a lean, hard-working, fair, and compassionate crime-fighting machine.

Though we have only recently adapted to our new reality, we are already preparing for the next phase which includes reintegrating our team back into the workplace.

As with prior crises, we've been unable to close cases we normally would, causing caseloads to expand. During the next few weeks, we anticipate that the courts will begin opening additional courtrooms and holding more hearings. Thus, prosecutors, staff and administrators need to be vigilant and are preparing to be ready to tackle the potential avalanche of hearings and trials. As always, we prepare for the worst and hope for the best.

I invite you to stay informed about developments on the COVID-19 outbreak and the impact those changes may have on our operations. Please visit our website at www.miamisao.com/COVID-19 as well as follow us on our various social media platforms.

Thank you for staying home and helping to keep us all safe.

Sincerely,

NDAA Highlights SAO Smart Justice

Each month The National District Attorneys Association publishes "The Prosecutor" magazine, the premiere publication for prosecutors around the country. This month's edition features an article by State Attorney Katherine Fernandez Rundle and Chief Assistant State Attorney Stephen Talpins titled, "21st Century Prosecutions - Miami-Style Smart Justice."

The article showcases how the Miami-Dade SAO's approach to justice has always been at the forefront of criminal justice reform. While exploring new strategic measures to reduce crime, improve lives and save money is becoming a trend across the country, it is a matter of tradition for us.

Click here to read article

Safety and Technology

State Attorney Katherine Fernandez Rundle and her Leadership Team have worked diligently to make sure that the wheels of justice keep moving forward. Although we successfully transitioned to a remote and virtual working environment, we remain focused on protecting our employees as we plan for their return to working at the office and in the courthouses. The measures we will put in place will protect not only them, but the members of the public who will be coming to our buildings and attending hearings.

We are requiring that any person coming to a SAO facility, including staff, have their temperature taken before allowed entry into the building. We will continue to ensure that hand sanitizer dispensers a re readily available at every entryway and urge social distancing.

State Attorney Fernandez Rundle is also exploring high-tech ways to protect staff, like thermal cameras, which can determine an individual's temperature from a distance. Chief Assistant State Attorney Don L. Horn and Executive Director Annette Perez recently did a walk-through at the Richard E. Gerstein Justice Building to look at the thermal cameras installed there and to learn how they are being used to determine how and where they may be installed in our main office at the Graham Building.

At this point, we anticipate that thermal cameras will be installed at the two entrances. If the cameras detect a body temperature of 100.4 degrees or higher, an alarm will sound, and an attendant will ask the individual to step aside for a few moments. Then the person will get screened for a second time. If their temperature continues to register at 100.4 or higher, that person will not be allowed to enter the building.

During the next couple of weeks, our employees will receive updates on the new safety protocols they can expect to be in place upon their return to the office. Rest assured that we will do whatever we reasonably can to protect you, our SAO family, and all visitors.

Virtual Courtrooms

Due to the COVID-19 pandemic, we in the criminal justice system had to transition our operations not only in our offices, but also in the courtroom. In order to keep everyone who traditionally attends court hearings safe, the State Attorney's Office, the Public Defender, the Office of the Regional Counsel, the Florida Association of Criminal Defense Lawyers (FACDL), Miami-Dade County Department of Corrections, the Courts and the Clerk of Courts worked together to establish Virtual Courtrooms to address the cases currently on the dockets as well as those that were coming in.

We met virtually multiple times to determine our needs and explore various strategies. After much discussion, we created the courtrooms by incorporating new technologies and applications into existing operations and procedures. We facilitated the process by lending laptops to the Department of Corrections and web cameras to the courts.

We started with very limited services, but quickly expanded our offerings because the new protocols were so successful. In the Felony Divisions, judges hear cases in three virtual courtrooms. Division judges authorize what cases are calendared and what matters are prioritized. One of the courtrooms handles bond hearings and is partially virtual. While the Judge, Prosecutor, Public Defender/ Defense Counsel, and Court Reporter are physically present in the courtroom, the defendants appear by closed circuit television and the public may attend remotely.

Judge Laura Shearon Cruz presides over virtual court proceeding in Miami-Dade Criminal Court. Photo courtesy of the Eleventh Judicial Circuit.

In the Misdemeanor Divisions, there are two virtual courtrooms. One is dedicated to Misdemeanor Domestic Violence matters, including bond hearings. The other addresses Misdemeanor DUI cases, including motions and some pleas. All parties appear via a video conferencing platform. If a Defendant is housed in a correctional facility, he/she participates by using the virtual station available at that location.

As is the norm with all court proceedings, all the hearings in the Felony and Misdemeanor Divisions are open to the public. A virtual meeting link is provided to any interested party wanting to attend a hearing. Also, as is customary when court is in session, all present are expected to be in appropriate attire and there is to be no photographing/videotaping of proceedings or posting of any photographs/video on any type of outlet without express authority from the court.

We are grateful to everyone who has partnered in this endeavor and continue to adjust according to the needs of the criminal justice system.

State Attorney and UM Law School Students

Connect In A Virtual Meeting

O n April 10th, State Attorney Katherine Fernandez Rundle addressed students and staff from the University of Miami School of Law in a virtual meeting hosted by Dean Anthony Verona and Assistant Dean Marcelyn R. Cox.

The State Attorney advised first and second year law students on employment and internships at the SAO, as well as informed them on how our office, the fourth largest prosecutor's office in the country, has shifted to using the newest technology to keep the wheels of justice in motion during this COVID-19 pandemic.

SAO Victim and Witness Services

At the SAO, our commitment to victims and witnesses never waivers, even during extraordinary circumstances such as the one we are currently experiencing. As part of our Continuity of Operations Plan, our staff is keeping victims and witnesses updated about their cases and helping them obtain the services they need.

Our specialized Domestic Violence, Sexual Assault, and Human Trafficking Victim Specialists work closely with our most sensitive victims through extensive phone contact, providing them with guidance, support, and assistance in accessing community resources and regaining control of their lives.

The Paralegals in our MOVES Program take referrals from our police departments, help us file cases, and support victims. They contact the victims, assess immediate needs, offer services, and attempt a video Pre-File Conference (PFC) via Lifesize. All statements from victims and updated contact information for victims are saved electronically.

Our Victim Specialists in DART (Felonies) and CHC (Misdemeanors) contact domestic violence victims 24-48 hours after the arrest to assess their needs. Victims are updated via email about their rights and participation in the criminal justice system. Stay-away orders and injunctions, crimes compensation and safety information are also sent to them.

Our Felony Domestic Violence (DV) Unit ensures that stay-away orders issued at bond hearing are scanned into the system, while our Misdemeanor DV Unit prepares electronic stay-away orders to accommodate virtual bond hearings. The secretaries answer the unit lines, request evidence, and set video PFCs of victims, witnesses and police officers. The E-filing system is being used to file documents, while victims are being updated on the filing decisions by phone or email.

Our Domestic Violence and Human Trafficking Hotlines are being answered remotely. The Victim Specialist or Paralegal assess victims' needs, reviews safety planning, provides resources and referrals, and explains the direct-file procedures and the criminal justice system.

Our Human Trafficking Unit is in constant communication with victims and helps place them in shelters or hotels 24/7, including in the middle of the night. The unit is constantly working with community partners to assure that victims continue to receive services despite the new "normal."

Homicide Counselors communicate with victims via phone, text and email. Grief material is now sent electronically to the Next of Kin (NOK). Additionally, the Children's Bereavement Center has a virtual support group that victims can participate in once a week.

Our Sexual Battery Unit secretaries process new cases electronically, setting up virtual PFCs, and checking all court calendars to ensure that ASAs know when they have cases set for court.

The Sexually Violent Predator Unit has been working remotely on all incoming releases from the Department of Justice and on filing petitions.

The Children and Special Needs Unit is conducting Tele-Forensic Interviews and preparing reports as usual. Weekly staffing is conducted via video conference with the Multidisciplinary Team.

Our Mental Health/Treatment Court Unit staff prepare the ASAs for Baker Act Hearings; run preliminary, supplementary and Arrest Warrant calendars daily; keep track of the ASA's file notes from their daily court calendar via Zoom; and transfer cases to and from the treatment courts.

Our Media Team developed new webpages and is using social media platforms to inform our SAO family and the general public about our mission-critical operations and provide helpful resources. You may access our public COVID webpage at http://www.miamisao.com/covid19/and/or our internal page may be accessed at http://www.miamisao.com/saocares/.  Please follow us on our social media platforms:

Office of the State Attorney - Katherine Fernandez Rundle

@kathyfndzrundle

saomiami

MiamiSAO

MiamiSAO

Our attention to detail has allowed us to continue building cases and providing the support our victims and witnesses need during this pandemic. We continue to assess our policies and procedures as necessary to adapt to the needs of our staff and those we serve.

SAO Community Outreach

Food Distribution

D uring this challenging time resulting in job loss and income due to the COVID-19 pandemic, there has been an increase in the number of people in our community that are having a difficult time feeding their families. To meet this growing demand, government agencies and community organizations have joined forces with local food banks to answer the call for essential needs such as groceries and produce.

On April 21st, our Community Outreach Division (COD) joined City of Miami Mayor Francis Suarez, Farm Share of South Florida, City of Miami and Miami-Dade County in a much-needed food distribution event at Mana Convention Center. Some of the first cars in line where at the location at 2:30 am to make sure they would receive the items being handed out by dozens of volunteers.

On April 28th, COD reps joined Congresswoman Debbie Mucarsel-Powell, Romania Dukes and Mothers Fighting for Justice, members of the Miami-Dade Police Department South District, Flavas Restaurant, Farm Share of South Florida and other community volunteers at another free food distribution event in West Perrine.

Among the volunteers at both events were COD Director and ASA David Maer and Community Outreach Representatives Janeen Jones, Angie Fernandez and Yeileen Jacome.

Florida Lawyers Assistance:

Adjusting to our New Environment

Adjusting to a new way of administering justice during the COVID-19 pandemic has had its challenges. During the past month, we have implemented a host of new policies, procedures, and technologies that have completely revamped the way we prosecute our cases.

Thanks to the dedication and professionalism of our SAO team members, we have been able to successfully transition to performing our Mission-Critical Operations remotely from home. Together, we have been able to keep up with the mission of the office while also taking care of our community, ourselves and our families.

The risks and fears created by COVID can have a significant impact on anyone. The added stressors that come with changing the status quo at work add additional strains. That is why the we partnered with Florida Lawyers Assistance to provide two Zoom Meetings for our Assistant State Attorneys on the topic of 'Adjusting to Our New Environment'.

"Taking care of the wellbeing of those entrusted with administering justice is not only the right thing to do, but the moral thing to do," says State Attorney Katherine Fernandez Rundle. "We cannot take care of the needs of our community if we are not meeting the physical and mental needs of our SAO family."

Almost 100 individuals participated in the two-video conference sessions offered on Tuesday April 14th and Thursday April 16th via ZOOM. Each hour-long session was led by Molly Paris, Esq. and Dr. Scott Weinstein from Florida Lawyers Assistance. Molly is a former litigator and a member of both the Illinois and Florida Bars and corresponding Federal courts. Dr. Weinstein is a licensed psychologist and the Clinical Director of Florida Lawyers Assistance.

The sessions were interactive and gave the participants the ability to share their feelings and experiences about working from home, as well as the challenges of transitioning to a predominantly "virtual" way of holding pre-files, interviews, depositions and even courtroom hearings.

Ms. Paris and Dr. Weinstein listened to participants and led the conversation as they discussed how to best connect with victims, witnesses, opposing counsel and the judiciary. They also touched upon how to establish boundaries for a healthy work/life balance.

The groups also discussed what to consider when dealing with victims and other individuals associated with our cases during this time. It is important to know and gauge where people are coming from so that we can best connect and communicate properly with them.

While the prosecutors acknowledged the many challenges presented by the current situations and the occasional hiccups caused by their not being physically present in the office, they said that many of new processes facilitated their and the staffs' efficiency and all expressed hope that some of these progressions will remain in place even after we physically return to the office.

The feedback from the sessions was very positive and the Florida Lawyers Assistance have graciously made themselves available for future virtual meetings and phone calls.

SAO Alumni Profile - David Gilbert


David Gilbert, ASA Division Chief, Traffic Homicide

This month we highlight the career of a prosecutor who served our community for 45 years and continues to pass on his knowledge and experience to the next generations of prosecutors.

"Over the years, so many crime victims have been thankful for having David Gilbert handle their cases. While David's hard work and legal acumen helped make him a courtroom star, it has been his personality, his charm, and his wit that have endeared him to so many throughout his career," said State Attorney Katherine Fernandez Rundle. "It is an honor to share with you the April SAO Alumni Profile of David Gilbert.

David Gilbert was born in 1948. His father, who was a thoracic surgeon, and mother, a nurse, both served in the army during WWII. He grew up in New Jersey with his parents, an older brother and a younger sister. By his own admission, he was not a great student and never thought that he would end up practicing law. "I had no desire to be a prosecutor," he says. "I fell into heaven."

After graduating from C.W. Post College in Long Island, New York, David entered the University of Miami School of Law in 1969. During this time, he interned at the Attorney General's Office which was located in what is now our Graham Building. Back then, Joel Rosenblatt, a member of our Legal Division, was his supervisor. "I was a terrible intern," David chuckles. "I wasn't good at it because it was nothing but reading and I'm the type of person who can't sit still."

Little did David know then that his future would place him in that same building, but as an Assistant State Attorney. "When I applied to the SAO, Richard Gerstein was the State Attorney and his Administrative Assistant was Janet Reno. She interviewed me first and later I went in to an interview with Gerstein and two others. A few years later, I was in trial with one of those lawyers. During a late-night prep session, he told me that Gerstein didn't want to hire me. He didn't think I was tough enough to be a prosecutor. But Janet convinced him to hire me. She told him that she saw something in me and that I had what it takes. I'm glad to have proven her right."

When David was hired at the SAO in February of 1973, the prosecutors were hired on an as-needed basis. There was no Fall or Spring Class or a specific lawyer training program. "I remember the first day in court. I asked the officer in the case to hand me the gun that he had taken from the defendant. Well, I knew nothing about chain of custody or evidence predicates and the Judge refused to admit the evidence. I kept at it and asked so many questions that the Judge got tired of me and finally allowed the gun into evidence for fear I wouldn't stop asking questions."

"That day, I understood that I was an advocate and I wasn't going to stop until I got the job done. I also learned that being a prosecutor brought out an element of fight in me that I didn't know I had."

By August 1974, David was a Division Chief. He would go on to join the Economic Crimes, Traffic Homicide, Career Criminal, Major Crimes, and Organized Crime units. After the retirement of Ken Drucker in 1980, David became the head of Traffic Homicide, which became a Unit in the early 2000's. He held that position until his own retirement 38 years later.

"In 1986, the laws regarding Vehicular Homicide changed and a blood sample could be taken on the spot. At that point, the number of Traffic Homicide cases grew. Being able to take a blood sample at the scene had a huge impact on our ability to successfully prosecute these cases."

David has worked under all three Miami-Dade County State Attorneys. Though he has admiration for all, his professional relationship with State Attorney Katherine Fernandez Rundle has always been special. "With respect to Kathy, she and I had a mutual respect and admiration for each other. I was always able to give her my best advice even though she may have disagreed. I never felt I had to tell her what she wanted to hear, and she knew I would abide by her decisions whether I agreed with them or not. That's what I call a great work environment."

Though David has handled many memorable and complex cases, there was one that he remembers vividly and shares with young prosecutors. "It was the homicide case of Miami Beach Police Officer Scott Rakow. That was the first time that I had gone out to a scene where an officer was killed. There was so much tension in the air. The seriousness was overwhelming. I remember telling myself over and over again to never forget that feeling." Both defendants in that case were later convicted.

Colleagues always comment about David's professionalism and integrity. However, it was when he had to speak to the next of kin in Traffic Homicide cases that his fellow lawyers admiringly speak of his deep sense of compassion. "Those conversations are the most difficult. And they are even more difficult when you must tell them that you can't proceed with their case. It was always important for me to be the one to speak to them and give them the respect they deserve."

During his tenure at the SAO, David taught a variety of courses such as Voir Dire, Closing Arguments, Accident Reconstruction and Traffic Homicide.Those who were fortunate enough to have taken these classes say that they have remembered his insights as they prepare and argue their cases. Though the trainings were technical and serious in nature, David always adds something special that makes the learning memorable. "When you learn something with emotion, you remember it longer. I also have been blessed with the ability to take something that is complex and make it easy to understand. That is important in explaining things to a jury as well."

Even though David retired in 2018, he still comes back and teaches certain classes to current prosecutors, such as Evidence Training. They appreciate his knowledge and experience and David enjoys giving back to the office that he believes gave to him.

"I don't forget where I came from. I loved what I did for a living and being on the 'right side'. It feels good to do the right thing that benefits your community. I was always happy with what I did. No amount of money can buy that sense of satisfaction."

David has set an almost impossible to reach standard of excellence and is so well-respected that Mothers Against Drunk Driving (MADD) named its highest award for prosecutors after him.

At age 72, David is enjoying his retirement while staying active. He volunteers at the Veteran's Administration Hospital once a week calling veterans to remind them of their appointments. Just recently, David's wife Shannon began making masks to send to those who need them and he helps with the task. "All I do is insert the twist ties that keep the nose in place and mail the masks out," he says. "She has made over 250 masks and there is no cost to the recipients."

We are so honored to have had David Gilbert serve as a prosecutor for 45 years and proudly recognize that he is still contributing to the safety and well-being of Miami-Dade County, a community he loves.