Prosecutors’ mishandling of Miami Death Row case shows justice can’t take shortcuts | Opinion

The recent decision by the Miami-Dade State Attorney’s Office to stop seeking the death penalty in the case of a once-notorious 1990s Liberty City gang leader marks the end of a troubling chapter in the county’s judicial history.

But this is clear: The bungled legal saga of convicted killer Corey Smith should never have happened. We must ensure it never happens again and that lessons have been learned.

Smith — leader of the violent drug-dealing gang called the John Does, named for the toe tags tied to unidentified bodies at the morgue — was convicted of multiple murders and sentenced in 2005, including two cases that landed him on Death Row. Yet last week, the state attorney’s office said it could not move forward with a re-sentencing hearing for Smith in those two cases. In the end, Smith pleaded guilty to lesser charges, resulting in a 30-year sentence and sparing his life.

This miscarriage of justice largely stemmed from prosecutorial malfeasance. It was also a betrayal of the victims’ families. Overall, the mishandling of the case against Smith embarrassed the state attorney’s office.

In 2017, Smith, then on Florida’s Death Row, was granted a new sentencing hearing after the Florida Supreme Court ruled the state’s death penalty process at the time was unconstitutional.

But the re-sentencing effort, led by former Assistant State Attorney Michael Von Zamft, began to unravel last year, as witnesses in his cases recanted, died or changed their statements. Smith had been found guilty of the murders of Cynthia Brown, Angel Wilson, Leon Hadley and Jackie Pope, as well as the manslaughter deaths of Melvin Lipscomb and Marlon Beneby. He was accused of ordering most of the killings and personally participating in Hadley’s drive-by shooting.

As the retrial process unfolded, Smith’s former girlfriend admitted to lying on the stand, alleging coercion by prosecutors. Additionally, a questionable phone call between Von Zamft and a jailed informant led to the prosecutor’s removal and cast doubt on the integrity of the case. Others witnesses shockingly said they had met with prosecutors at Miami police to discuss and coordinate their testimony.

In light of those revelations, an incensed Miami-Dade Circuit Court Judge Andrea Wolfson removed Von Zamft and his co-counsel from Smith’s retrial hearing process. Wolfson wrote: “During the hearing, it became apparent there was a serious issue regarding possible witness testimony manipulation by the assistant state attorneys on this case — not only in the past, but also in the present.”

All of that weakened the case against Smith — but it also eroded public trust in the office of Miami-Dade State Attorney Katherine Fernandez Rundle, who has already taken steps to address the issues raised by this case.

Fernandez Rundle has hired Assistant State Attorney Jose Arroyo, the former executive director of the Miami-Dade Commission on Ethics and Public Trust. And there has been a house cleaning: Von Zamft has retired, while others left the office or were reprimanded.

The result of this mess: Smith now faces only five more years in state prison, though he’s expected to remain in federal prison for at least another 25 years due to a separate case. While this resolution may bring some closure, it underscores significant flaws within the prosecutorial system that must be addressed to prevent future miscarriages of justice.

In court, Jerome Fulton, whose mother Angel Wilson was shot 16 times by associates of Smith, said he had “no choice but to make peace” with Smith’s sentencing and urged prosecutors who “failed us” to do better. He’s right.

Rundle agrees. In a statement, she wrote: “We will continue to train substantively on our core values and assure each and every prosecutor that they will always seek just results with honesty and professionalism.” Rundle has told the Editorial Board she is establishing rigorous training programs emphasizing ethical standards and the proper handling of evidence.

The case highlights serious issues within the state attorney’s office, including potential witness coercion and evidence mishandling. The repercussions are serious, too — overturned convictions and, alarmingly, the possibility of guilty individuals being released back into society.

The case of Corey Smith is a reminder of the justice system’s fallibility when ethical standards are compromised or shortcuts are taken. The Miami-Dade community deserves a system that pursues justice fairly and without misconduct.

Click here to send the letter.