Miami gang leader’s death penalty case collapses as judge is exposed for sending vicious text messages berating DA’s office
The death sentence for a notorious Miami gang leader has been overturned and a judge who tried to defend her role in the case was exposed for sending vicious text messages to the district attorney’s office.
Corey Smith, boss of the John Does, a violent drug gang in Liberty City, was found guilty of four murders in 2004. The following year he was sentenced to death after his high-profile trial.
But on Sunday, prosecutors announced they would spare Smith’s life and try to negotiate a lesser sentence after his lawyers pushed for a new trial.
Text messages were also revealed from Judge Bronwyn Miller, 52, berating lawyers and lashing out at fellow judges, according to messages sent between January and July, according to the Miami Herald.
Miller is accused of pressuring Miami-Dade attorney Katherine Fernandez Rundle about how to handle his retaliation. Twenty years ago, she had presided over Smith’s case as a prosecutor.
Corey Smith, the boss of the John Does, a violent drug gang in Liberty City, was found guilty of four murders in 2004 and sentenced to death. His lawyers have since fought to have him resentenced
Text messages from Judge Bronwyn Miller, 52, who presided over Smith’s case two decades ago, revealed that she pressured Miami-Dade attorney Katherine Fernandez Rundle about how to handle the blockbuster case.
Despite leaving the District Attorney’s Office 20 years ago, the exchanges showed Miller trying to convince the district attorney to oust the current judge appointed to Smith’s case, Circuit Judge Andrea Ricker Wolfson.
Smith’s attorneys previously fought for a reconviction, but claimed the Miami-Dade District Attorney’s Office is “too compromised” to participate.
Because the decision to sentence him to death was not unanimous, he is being sentenced again due to recent court rulings. NBC Miami reported. He is due to appear in court on Wednesday.
Wolfson is now considering vacating his convictions and sentences and leaving it up to the state to try him again.
Speaking to Fernandez Rundle, Miller said: “I think you should disqualify her,” referring to Wolfson.
“Then all statements can be reconsidered,” Miller added, according to the reports.
During another conversation, Miller told prosecutors that Michael Von Zamft, a prosecutor who was disqualified by Wolfson for telling Latravis Gallashaw, a partner of Smith’s, that he would make a witness in the case “unavailable,” reported NBC Miami.
Miller added that Fernandez Rundle said Zamft, a former attorney, should never have been involved in Smith’s case.
Many of Fernandez Rundle’s responses to Miller are not included in the released documents, and it is unclear whether they were completely withheld or redacted. (Photo: Miami-Dade attorney Katherine Fernandez Rundle)
‘They play by different rules. No lawyer should have to undergo training [assistant state attorneys]. It must be someone who knows that prosecutors must adhere to a higher ethic,” Miller said in the texts.
The The Miami Herald previously reported this that Smith’s attorneys argued that the prosecutor should have no role in the case because “favors” were being granted to potential witnesses.
According to a memo discovered two months before Smith’s original trial began, “civilian witnesses” were offered drinks, food and Black & Mild cigars, the outlet reported.
In February, Miller was called to testify about the memo she wrote during Smith’s trial because the mention of “favors” was viewed decades ago.
On the witness stand, she said under oath that she prepared witnesses almost every day, either in the jury room or at the police station.
In response to the said “favors,” Miller told Fernandez Rundle in a text message, “This is insane.”
In one text message, Miller told Fernandez Rundle that Michael Von Zamft (pictured), a prosecutor recently disqualified from Smith’s case, should not be involved.
Her requested changes were then reflected in a subsequent filing, and Smith’s attorneys had the case moved to another appellate district in July, according to the Miami Herald.
In addition to allegedly harassing Fernandez Rundle over the way Smith’s case was handled, Miller then attacked the district attorney for who she allowed to work on the killer’s case.
Regarding Steve Gosney, a private practice lawyer who wrote a “sado-masochistic sex novel” entitled Death Penalty Desired: Passion and Murder, Miller wondered why Fernandez Rundle had involved him in the case.
‘I just don’t know what happens in the office anymore. It’s bizarre. I’m sorry,” Miller told Fernandez Rundle.
The judge insisted that because Gosney opposes the death penalty, he should be removed from Smith’s case by the governor.
“The person advising you has lost the big picture,” she said.
Many of Fernandez Rundle’s responses to Miller are not included in the released documents, and it is unclear whether they were completely withheld or redacted.
The exchanges revealed that Miller was attempting to oust the current judge appointed to Smith’s case, Circuit Judge Andrea Ricker Wolfson (photo)
In one response, the prosecutor told Miller, “You’re right,” which seemed to refer to the judge’s comments about Gosney.
‘…He’s not going to do that. Let’s talk,” Fernandez Rundle added.
Shortly after that conversation, Gosney was told his role in the case was “operationally impossible.” He was then given two months to quit his job, according to emails reviewed by the Miami Herald.
In response to the messages between Miller and Fernandez Rundle, Gosney told the newspaper that “even lawyers sometimes get fooled by the left-wing, fake media.”
Further conversations between the judge and the prosecutor revealed that Miller felt that two judges, Wolfson and Miami-Dade Chief Judge Nushin Sayfie, were against her over failed bail reform.
The blame fell on the prosecutor’s office, and Miller now believes Wolfson’s statements were motivated by the dispute.
‘I have no idea, by the way [why] You refuse to listen to me about Andrea [Wolfson]. She will destroy you over the bail issue,” Miller wrote on March 18, shortly after Wolfson deposed prosecutors.
‘I’m so beside myself. You refuse to see what is going on with her and Nushin,” Miller added.
The text messages were submitted by the prosecutor’s office on Friday as discovery in Smith’s case.
Miami-Dade Public Defender Carlos Martinez said he has reviewed the text messages.
Further conversations between the judge and the prosecutor revealed that Miller felt that two judges, Wolfson and Miami-Dade Chief Judge Nushin Sayfie (pictured), were against her over failed bail reform.
“We are investigating and seeing what the possible solution will be to protect my clients,” Martinez told the outlet.
When contacted by DailyMail.com, Judge Miller said: “I have sought advice from Founding Director, Professor Anthony V. Alfieri of the Center for Ethics and Public Service.
“He has recommended that I not make any public comments at this time as this could impact the ongoing proceedings. I always strive to meet the highest standards of ethical conduct.”
DailyMail.com contacted Fernandez Rundle, Wolfson and Sayfie for comment.
Attorneys in the Miami-Dade legal system were shocked to hear about the messages Miller sent, including Smith’s attorneys Allison Miller and Craig Whisenhunt.
“Judge Bronwyn Miller has questioned her fitness to serve the people of the State of Florida and has questioned every case presented to her for decades,” they told the Miami Herald.
“The consequence of these revelatory messages will be substantial and resonate across our community and state.
“She simultaneously played the role of judge, prosecutor and witness and literally tried to subvert justice to see Corey Smith executed,” Miller and Whisenhunt added.
After Smith’s conviction, Miller was appointed by Gov. Charlie Crist to the Eleventh Judicial Circuit Court, and in 2018, then-Governor Rick Scott appointed her to the Third District Court of Appeal, she said. bio.
The following year, she failed to be appointed to the Florida Supreme Court, the Miami Herald reported.
From 1997 to 2005, she was a prosecutor in the Miami-Dade County State Attorney’s Office, where she served as training director and division chief of the Felony Unit.