On Monday, November 11, 2024, the Miami Herald reported that Judge Bronwyn Miller of the Florida Third District Court of Appeal is under scrutiny due to the release of text messages that reveal her attempts to influence the handling of a significant death penalty case in Miami. The texts, exchanged with Miami-Dade State Attorney Katherine Fernandez Rundle, show Miller expressing disparaging views about defense attorneys and local judges.
The controversy centers around the case of Corey Smith, who was convicted 20 years ago under Miller’s prosecution for leading a gang responsible for multiple murders. Smith is currently seeking to avoid the death penalty, and Miller’s involvement in the original case has come under review. In light of the prosecution’s challenges, the State Attorney’s Office announced it would waive the death penalty and pursue a lesser sentence.
Miller’s texts indicate a close relationship with Fernandez Rundle and suggest a low opinion of Circuit Judge Andrea Ricker Wolfson, who is overseeing Smith’s resentencing. Following unfavorable rulings in the Smith case, Miller urged Fernandez Rundle to replace Judge Wolfson, suggesting that all prior rulings could be reconsidered if a new judge were appointed.
In one text, Miller blamed one of the removed prosecutors, Michael Von Zamft, for complications in the case, criticizing Fernandez Rundle for allowing him to train new prosecutors. She argued that defense attorneys should not be involved in training prosecutors, asserting that those in the prosecution must adhere to higher ethical standards.
Miller, who previously served as a prosecutor before her judicial appointments, declined to comment on the situation, citing advice from legal counsel. In her statement, she emphasized her commitment to maintaining ethical conduct while acknowledging the ongoing proceedings related to Smith.
The text messages, which span from January to July of this year, were obtained by the Miami Herald after a request for discovery in the Smith case. Despite the State Attorney’s Office initially refusing to release the messages, they became widely known within the legal community shortly after their submission to the court.
Reactions from legal professionals have been swift, with many expressing concern that the content of Miller’s messages undermines her ability to serve impartially as a judge. Defense attorneys for Corey Smith stated that Miller’s actions have raised serious questions about her fitness for office and the integrity of the judicial process.
Additionally, the Florida Association of Criminal Defense Lawyers-Miami issued a statement expressing disappointment over what they perceive as ongoing ethical issues within the State Attorney’s Office and the judiciary. They highlighted the implications of Miller’s bias against defense attorneys while still adjudicating cases involving the State Attorney’s Office.
Miller’s texts also included comments on internal personnel matters within the State Attorney’s Office, criticizing the hiring of an individual she described as a “misogynistic pervert anti-death penalty campaigner” who had been assigned to the Smith case. Her communications suggested that if such a person were involved in a death penalty case in another jurisdiction, the state attorney there would face removal by the governor.
The legal community continues to monitor the situation closely as the repercussions of the text messages unfold. The State Attorney’s Office characterized Miller’s communications as part of her efforts to ensure the integrity of the case, although they did not comment on the specific content of the texts.
Miller’s career has seen significant milestones, including her appointment to the Third District Court of Appeal by former Governor Rick Scott. Her earlier work as a state prosecutor involved high-profile cases, including the prosecution of Corey Smith in 2004, which has now become a focal point of the current scrutiny.
Source: Miami Herald
