Tuesday, July 5, 2016

News from the State Attorney's Office

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STATE ATTORNEY'S OFFICE  NEWSLETTER 
I believe that the best way to enforce our laws against drunk driving is to get more trained officers on the streets of Miami-Dade County. I was proud to be able to help secure funding for the training of additional officers to combat the crime of Driving While Under the Influence.
Given the fiscal pressures felt by every police department in our community, money for continued Drug Recognition Enforcement (DRE) Training for police officers has been limited. I recognize that DRE training and certification are often important courtroom questions in DUI prosecutions and felt a need and a responsibility to assist.
From February through May 2016, forty-eight officers from 13 different police departments throughout the county participated in five separate trainings conducted by the University of North Florida Institute of Police Technology and Management (IPTM). The officers all received certifications in five critical areas: Driving Under the Influence Instructor Development, Drug Recognition Expert Instructor Development Course, Driving While Under the Influence/Standardized Field Sobriety Testing, Advanced Roadside Impaired Driving Enforcement, and Drug Recognition Expert.
The participating police agencies included Miami, Miami-Dade, Florida Fish & Wildlife, Village of Palmetto Bay, Coral Gables, Key Biscayne, Biscayne Park, Miami Beach, Hialeah Gardens, Pinecrest, Pembroke Pines, Hialeah, and Florida City.
Too many lives have been shattered by drunk and impaired drivers. These tragedies might have been prevented if we had enough certified DRE officers out working in our communities. Anything I can do to put more enforcement on the streets is a task well worth undertaking.
                                                         Sincerely,



SAO Remembers Victims of Orlando Tragedy







State Attorney's Office staff took park in a vigil hosted by The City of Miami Beach honoring the victims of the mass shooting at Pulse Nightclub in Orlando. The event, held at SoundScape Park, also encouraged the community to donate blood to help the victims of the shooting.
SAO staff also remembered the victims of the Orlando tragedy by attending an event organized by Miami-Dade College at the Freedom Tower in Downtown Miami. The names of the 49 victims were publicly read and the New World School of the Arts students performed a touching musical rendition of "Will I" in their honor.
"My condolences and prayers are with the families, loved ones, and friends of the victims of the horrific tragedy in Orlando," commented State Attorney Katherine Fernandez Rundle. "We will never forget those innocent souls who lost their lives in this horrific event and we are eternally thankful to the Orlando law enforcement community for saving so many other lives."

Body of Missing Mother Found, Husband Convicted
A Miami-Dade County Jury has found Jesus Maqueira guilty of First Degree Murder for the killing of his wife Raquel Calderin.

On the night of September 4, 2012, Raquel Calderin, a mother of three, was seen leaving her job as a custodian at Gloria Floyd Elementary School in Kendall where earlier in the day she was seen engaged in a verbal dispute with Maqueira. She was never seen again.

Investigators immediately suspected Maqueira as records had shown him to be a controlling and abusive husband who was recently served with divorce papers. Amongst other solid pieces of evidence in the case, the investigation revealed that Maqueira's cellphone records showed he was in the immediate area of the victim's place of employment where she was last seen alive when her phone went dead.

Maqueira was later arrested and mocked detectives for not having found a dead body which would make the murder charges tougher to prove.

On June 16, 2014, relying on information provided by the defendant's father, the remains of Raquel Calderin were found inside a vehicle submerged in a canal on Krome Avenue, one mile north of Southwest Eighth Street in West Miami-Dade County. A butcher knife and the victims' ripped clothing were also found.

With this additional evidence presented, jurors deliberated for just two short hours in reaching their decision.

"Good police work and good prosecution brought all of the pieces together for the jury. Sadly, this family was shattered by rage and jealousy," commented Miami-Dade State Attorney Katherine Fernandez Rundle.

Condominium Association Fraud Meeting Held           
residential_home_sky.jpgState Attorney Katherine Fernandez Rundle met with State Legislators from the Miami-Dade County Delegation at the State Attorney's Office to discuss the obstacles facing condominium owners who have complaints regarding mismanagement of funds, elections fraud, abuses by property management companies and condominium associations.

The meeting also served to take a look at the current laws, jurisdictions and processes that are in place when there are these types of complaints and see if they are effective and efficient.

Many ideas and practical solutions in the short and long terms were discussed as all attendees committed to working together on an ongoing basis to strengthen the laws that protect condominium owners' rights and the penalties for those who break those laws.

"It is clear that laws against condo fraud are weak and the resources allocated to combat this crime are insufficient," commented State Attorney Fernandez Rundle. "As leaders in our community, we have the responsibility to come together and engage in dialogue in order to identify the weaknesses in the law and confront this problem that is affecting so many families in our community."

Recent statistics show that Miami-Dade County recorded the highest number of complaints of irregularities and fraud in the administration of condos of any county in the State of Florida.

State Attorney's Office Alumni Profile
 Judge Angie Zayas, 11th Judicial Circuit of Florida
As a little girl, Judge Angélica D. Zayas didn't dream of being a princess or a ballerina. She always knew that she wanted to be a lawyer. "Even my Barbie dolls had custom-made gray flannel suits," she recalls with a laugh. "I was born saying that I wanted to be a lawyer. In fact, there was never a time when I can remember wanting to be anything but a lawyer."
Her family always reminds her that even at three years old, she was watching The Defenders and Perry Mason on television. "My grandmother would always tell the story about the time that we were in the elevator of her building with a friend when I was maybe four years old. My grandmother and her friend were talking about a couple they knew who were getting a divorce. According to my grandmother, I said, 'well, if he waits, then maybe I can represent him in court.'"
Judge Zayas earned her B.A. and her J.D., both degrees Cum Laude, from the University of Miami.
During law school, she clerked for a Federal Magistrate and also worked for a Personal Injury firm. In addition, Judge Zayas landed a rare internship at the Florida Attorney General's Office under then Attorney General Bob Butterworth. "It was really surprising because that never happened back then but I was able to intern in the appellate division."
Clearly the AG was impressed with Judge Zayas' work. She was hired by the Office of the Attorney General right out of law school. There, she represented the state in criminal and civil litigation in the circuit courts, district courts of appeal and the Supreme Court of Florida.
"Only 11 months after admission to the Florida Bar, I argued a case in the Supreme Court of Florida! It was an amazing experience."
Judge Zayas continued to work there for seven years before joining the Miami-Dade State Attorney's Office in 1996 as an Assistant State Attorney in the Legal Division. "Basically when you are in Legal you are always behind the scenes. Your job is to watch and wait and give strategic and legal advice. But most importantly, your role is to be the voice of reason."
"I really enjoyed every case that I worked on at the SAO. It was because of the work that I got to do but also because of the amazing attorneys and staff. We worked on legislation and new and novel issues. It is an incredible experience to help create and shape laws as well as implement them."
One of the most meaningful aspects of being a part of the SAO for Judge Zayas is the confidence that State Attorney Katherine Fernandez Rundle had in her and how she values her lawyers. "I remember appearing with the State Attorney before the Profession Ethics Committee of the Florida Bar on a very important matter. After speaking to the Committee for a few minutes, the State Attorney turned the floor over to me and told the Committee that "her lawyer" would address the legal questions. The State Attorney would often say when introducing the lawyers in the Legal Division to others, 'these are my lawyers.' I felt proud to be a part of the office and to be one of her lawyers."
"When she was an ASA, Angélica Zayas was known for her intelligence, for her courtroom manner, her strict adherence to the law, and for her deep personal warmth," commented State Attorney Katherine Fernandez Rundle. In the juvenile courts, this reputation still holds true, much to the benefit of the children of Miami-Dade County."
Judge Zayas was part of the team that worked on Florida's sexual predator civil commitment statute also known as the Jimmy Ryce Act. She also worked closely with prosecutors from other jurisdictions and Homeland Security regarding the issue of when and how defendants must be informed of immigration consequences including deportation, and what remedies should be available to said defendants if they were not properly informed. The Padilla and Green decisions along with their progeny posed difficult legal challenges that Judge Zayas helped prosecutors navigate not only in Miami-Dade County but statewide.
While the Judge was an Assistant State Attorney, she participated in several notable prosecutions including the trial of the murder and dismemberment case of four year old Kendia Lockhart whose parents were charged and convicted in the horrific crime. She also worked on the massive and successful prosecution of Corey Smith, the leader of the John Doe criminal organization. "Working behind the scenes on the John Doe organized crime case was very exciting," commented Judge Zayas.
In 2011, after sixteen years at the SAO, Governor Rick Scott appointed her to the Circuit Court. She has been in the Juvenile Delinquency Division since her appointment.
"I've been given the opportunity to transfer to the Criminal or Civil divisions but have chosen to stay in Juvenile. I still have work to do here," stated Judge Zayas. The Judge firmly believes that a thoughtful approach in the Juvenile division by judges can help stop the violence that is occurring in our community. "Too many youth become the victim or perpetrators of gun violence," she says.
"I had a young man in my court and I was reviewing his file when I noticed that his grades had improved, so I congratulated him on his hard work. The boy started crying. I was surprised and didn't know if I had said something wrong. His attorney spoke to him and then told me the boy revealed that no one had ever said anything nice to him before." Judge Zayas was deeply moved by the young man's reaction to such a simple positive statement. "These youth need someone to care about them." She adds that "many judges leave the Juvenile division in favor of other divisions so they're only here temporarily." She believes that youth are best served by consistency from the bench which is one of the main reasons she has chosen to stay. She freely admits that it takes a certain passion to work as a judge day after day with youth who are at-risk and who need so much help. However, Judge Zayas strongly feels the rewards outweigh the emotional toll the work takes.
Judge Zayas is committed to children in and out of the courtroom. Besides working on a type of preventative court that addresses the needs of at-risk girls, she is also very active in the Girls Scouts of the USA. She enjoys being able to make a positive impact on the lives of our youth.
There is something else that also keeps her in the Juvenile division. "Here I have the opportunity to help develop young lawyers. I get to question them on why they are doing what they are doing in court, who has what statutory authority in different situations, etc. I try to teach them how to be a better advocate."
"The SAO will always be part of my heart. It is a family. I recently suffered a personal loss. I was astounded and amazed at the number of prosecutors and former prosecutors who reached out to me or attended the funeral mass. It was very touching."
Judge Angélica D. Zayas is a wonderful example of commitment to public service and our community and we are proud to have her as an alumnus.

Courthouse Highlights
Hand and GavelDivision Chiefs (DCs) Christine Hernandez-Baldwin and Annette Del Aguila obtained a guilty conviction on the aforementioned Jesus Maqueira murder case.
Assistant State Attorneys (ASAs) Barbara Govea and Mari Jimenez got a guilty as charged verdict in a Second Degree Murder case before Judge Tinkler-Mendez.
DC Joe Mansfield and ASA Annette Rasco secured a First Degree Murder conviction and a life sentence was imposed in a murder case that resulted over a $10 drug debt.
DC Jonathan Borst worked diligently in a very difficult case that rendered a guilty plea in a Manslaughter case.
ASAs William Volet and Jesse Shurman secured a guilty verdict on two counts of Burglary of an Unoccupied Structure and Petit Theft case before Judge Milian.
REPORT PUBLIC CORRUPTION ! 
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Don't Allow the Public's Trust to be Jeopardized.
Hotline:
305-547-3300

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Our Community Outreach Events
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July 2 - Home Depot Safety Event, Home Depot Store, 33001 South Dixie Highway, Florida City, FL, 33034, 9:00AM - 2:00PM

July 11 - Community Meeting with Church Leaders and Ministerial Alliance, Greater St. Paul AME Church, 3680 Thomas Avenue, Miami, FL, 33133, 8:00AM - 11:00AM

July 14 - Coconut Grove Crime Watch, Greater St Paul AME Church, 3680 Thomas Avenue, Miami, FL, 33133, 6:30PM - 8:30PM

July 14 - Coconut Grove Crime Watch, Greater St Paul AME Church, 3680 Thomas Avenue, Miami, FL, 33133, 6:30PM - 8:30PM

July 21- Sealing & Expungement Event, Miami Dade College North Campus, 11380 NW 27 Avenue, Conference Center Building 3000, 2nd Floor, 4:00PM - 7:00PM

July 22 - Miami Vet Center & Miami Elks Lodge Veterans Career Day, Elks Lodge, 10301 SW 72 Street, Miami, FL, 33173, 10:00AM - 2:30PM

July 23 - West District Hurricane Preparedness Event, Jorge Mas Canosa Middle School, 15735 SW 144 Street, Miami, FL, 33196, 11:00AM - 2:00PM

July 29 - "Kickin It" With Cops, Gwen Cherry Park, 7090 NW 22 Avenue, Miami, FL, 33147, 10:00AM - 2:00PM 

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State Attorneys Office, 1350 NW 12th Avenue, Miami, FL 33136

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