Citing two cases where prosecutors set their sights on defense lawyers or investigators, a statewide association of criminal defense lawyers is calling for an independent ethics review of the Miami-Dade state attorney’s office.
In a letter released Friday, the Florida Association of Criminal Defense Lawyers said it was “appalled by recent and ongoing unethical conduct … along with retaliatory targeting of criminal defense lawyers.”
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In one case, a prosecutor resigned on the day last month when a judge removed him and a colleague from a death penalty case, citing the senior attorney’s misconduct.
Prosecutors placed two defense investigators under criminal investigation after they obtained a statement from a witness that the state alleged sought to elicit perjured testimony. No charges were brought, but the defendant was denied access to the investigators, as they were ethically bound to step away from the case.
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The more recent case involves well-known Only Fans model Courtney Clenney, accused of stabbing her boyfriend to death in 2022. Defense attorneys’ names appear in an arrest warrant for Clenney’s parents – accused with their daughter of accessing her victim’s computer without permission of his estate.
The defense said the computer – which police left in the apartment Clenney shared with Christian Obumseli – was used by both of them.
“The arrest warrant in this case is incredibly troubling and frankly, never should have been issued,” Clenneys’ attorney, Jude Faccidomo, said soon after their arrest in January.”There is not a crime here. The Clennys have not committed a crime. The access to the computer was part of the defense of Courtney Clenny and was an authorized access.”
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They are asking a judge to throw out the case against the parents for prosecutorial misconduct.
The state attorney’s office did not reply to requests for comment today on their handling of that case and the contents of the association’s letter.
The letter takes aim at Katherine Fernandez Rundle, state attorney for 30 years, who it accuses of having prosecutors “attempt to bully and target” defense teams and of “encouraging …. unethical behavior.”
