Miami, Florida – A veteran Miami prosecutor has resigned following allegations of witness manipulation in a high-profile death penalty case against a notorious gang leader. Michael Von Zamft, who has handled major criminal cases throughout his career, stepped down after a judge disqualified him and another prosecutor from the trial of convicted murderer Corey Smith. The judge found evidence of witness manipulation and severe recklessness by the prosecutors, stretching back to the case’s origins 24 years ago. The prosecutors’ actions were described as a “rabbit hole” that had lost sight of their responsibility to seek justice.
The judge’s order accused the prosecutors of manipulating witnesses, potentially providing conjugal visits to jailhouse informants in exchange for their testimony. This misconduct was said to have occurred over the course of decades. State Attorney Katherine Fernandez Rundle accepted Von Zamft’s resignation and stated her commitment to seeking truth and justice lawfully and with integrity, though her office did not respond to questions regarding any disciplinary actions against the prosecution team.
Among the irregularities found by the judge were allegations that inmates were granted favors, including conjugal visits, in exchange for their testimony against Smith. Additionally, recordings of conversations between Von Zamft and an inmate revealed discussions about arranging meetings among witnesses to coordinate their testimony, without informing Smith’s defense lawyers, as required in criminal prosecutions. Von Zamft even mentioned sidelining a witness if she did not testify as he wanted, expressing intent to read her previous testimony instead.
The judge’s admonishment of the prosecutors is considered a rare and brave move. Defense attorney David Oscar Markus, who has successfully litigated misconduct allegations against federal prosecutors, highlighted the discrepancy in consequences faced by prosecutors compared to defense lawyers. He noted that if a defense lawyer had engaged in similar conduct, they would likely be charged with obstruction.
Smith, the convicted gang leader, was sentenced to death in 2004 for the killing of four individuals. However, a change in state law in 2017 requiring a unanimous vote in capital punishment cases led to the vacation of his death sentence. Despite the judge’s criticism of the prosecutors, she rejected Smith’s argument that there is a broader culture of misconduct within Rundle’s office that should prevent the case from moving forward.
Although questions remain about the scope of misconduct within the prosecutor’s office, Smith’s attorneys expressed concerns that the issues raised in this case may not be unique. As the case progresses, a thorough examination of the prosecutors’ conduct is expected to be carried out to ensure justice is served.