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2003 - 
	<br>Celebrating 10 Years of Service This publication is designed to inform the public of our office’s functions and services, to identify innovative ideas we instituted to improve the criminal justice system, and to highlight some of the many accomplishments our office made from 1993-2003.
general info brochure If you are just graduating from law school, returning to the workforce, or looking to start a career then the Miami Dade State Attorney's office is the place to look. Bookmark our human resource pages to find that perfect job for you.


OPENINGS ASA's General Staffers
general info brochure A service provided by the Office of Katherine Fernandez Rundle, State Attorney "Justice In Motion" is a 37-foot mobile office equipped with state-of-the-art technology or community-based interviewing and education.


-Funded by a Victims of Crime
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press releases

 
2002 Releases

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ED GRIFFITH Public Information Officer
PHONE:
305-547-0535
TERRY CHAVEZ Hispanic Media Relations Public Information Officer
PHONE: 305-547-0535

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Contact: Ed Griffith 305-547-0535 10/17/02

DCF Worker Charged for Falsification of Records Deborah Muskelly worked at second job while claiming to perform DCF duties


Miami (October 17, 2002) - Former Department of Children and Families (DCF) caseworker, Deborah Muskelly, who had a period of oversight of the case of 5-year-old Rilya Wilson, has been charged with a variety of crimes relating to her falsification of DCF payroll records. This arrest is a part of the joint investigation undertaken by the Miami-Dade State Attorney's Office, the Florida Department of Law Enforcement and the Miami-Dade Police Department as a part of the ongoing and continuing investigation into the disappearance of Rilya Wilson.

"As prosecutors and police agencies vigorously pursue every possible lead in the attempt to locate Rilya Wilson, we have uncovered a variety of failures and crimes. It is our duty to fully investigate and prosecute these crimes. The arrest of this former 16 year DCF employee is another part of our continued investigation," said State Attorney Fernandez Rundle.

These charges arise from Ms. Muskelly's repeated false documentation of having performed activities as a DCF employee while she was actually working the same or similar hours as a substitute teacher and an adult education teacher for the Miami-Dade County School Board.

Deborah Muskelly is being charged with:

  • 11 counts Grand Theft 3rd Degree Felony
  • 21 counts Official Misconduct 3rd Degree Felony
  • 9 counts Petit Theft. Misdemeanor
Under the Florida Statutes, Third Degree Felonies are potentially punishable by up to 5 years in prison upon conviction.


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Contact: Ed Griffith 305-547-0535 09/10/02

State Attorney Commits Prosecutor's Office Resources to Assist Voters Goal Is To help Resolve Voting Problems


Miami (September 10, 2002) - State Attorney Katherine Fernandez Rundle has committed the resources of the Miami-Dade State Attorney's Office, including the operation of a voter's hotline [305-547-0689], to assist the county's voters who have experienced problems at the polls during today's primary election.

"After consultations with Miami-Dade's Election Supervisor, the Attorney General of Florida and Florida's Secretary of State, I have opened an Election Day hotline so that people who have experienced problems at the polls can feel there is a way to make their problems and their voices heard," said Miami-Dade State Attorney Katherine Fernandez Rundle. "Too many people have too many concerns about problems they may have experienced," said the State Attorney. "If the staff and resources of my office can resolve any of these concerns, then it is my responsibility to do it. The right to vote is sacrosanct. We must not allow anything or anyone to interfere with this right."

The State Attorney's election hotline [305-547-0689] is intended to allow voters to contact prosecutors about any problems they may have experienced. Additionally, a team of State Attorney's Office investigators is also being dispatched to randomly visit some of the election precincts to assess the situation and to provide voters with an additional avenue to resolve any complaints. Additionally, State Attorney's Office staff will directly respond to situations where complaints have been most common to help define and resolve the problems. The State Attorney's Office has also been working with these appropriate authorities to develop a process to insure that every eligible voter, including those who may have grown frustrated when faced with any precinct difficulties, has the opportunity to vote and have their vote counted.

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Contact: Ed Griffith 305-547-0535 08/30/02

County Correctional Officer Sells Out To Criminals Officer Accepts Cocaine as Bribe to Ignore Pre-trial Release Violations and Drug Trafficking


Miami (August 30, 2002) - State Attorney Katherine Fernandez Rundle announced that a joint investigation undertaken by the Miami-Dade State Attorney's Office, the Public Corruption Investigations Bureau of the Miami-Dade Police Department, the Narcotics Division of the Miami-Dade Police Department and the Internal Affairs Section of the Miami-Dade Department of Corrections has resulted in the arrest of Miami-Dade Correctional Officer, Fernando Sarmiento. The 37-year-old officer, a department employee since 1995, was responsible for the monitoring of pre-trial defendants released from jail on the monitored release program.

On five separate occasions, a confidential informant paid money to Officer Sarmiento to allow him to run his daily life without supervision. During this time of official "supervision" the informant and Officer Sarmiento engaged in recorded conversations where the informant's plans to travel to Bimini for the purpose of obtaining quantities of cocaine, were discussed. Officer Sarmiento provided the informant with the special tool, owned by Miami-Dade County corrections, to allow the informant to remove and replace his electronic bracelet with alarm notification being monitored by Sarmiento. Officer Sarmiento requested payment in kilograms of cocaine for his assistance in making this cocaine trafficking deal possible.

After the informant allegedly returned from the Bahamas, the cocaine payment was made with a Miami-Dade undercover detective placing three kilograms of cocaine in the trunk of Officer Sarmiento's car. At the time Officer Sarmiento took possession of the cocaine, he was working in the capacity of a Sweetwater reserve police officer, driving a Sweetwater police vehicle and wearing a Sweetwater police uniform. Sarmiento was taken into custody after a brief pursuit.

"When a judge sentences a convicted criminal to house arrest he is depending on the skills and integrity of the Miami-Dade Department of Corrections to insure the safety of the community. When this officer sold the community's safety to criminals and when he decided to participate in acts of drug trafficking, he betrayed his department and every law enforcement officer in Miami-Dade County, he betrayed his friends and neighbors and he betrayed his own personal sense of integrity," said State Attorney Rundle.

Besides accepting payment to overlook violations of the terms of the house arrest sentence, the investigation also captured Officer Sarmiento providing a criminal with the name of a confidential informant.

The charges against Fernando Sarmiento are:
  • 1 count Armed Trafficking in Cocaine 1st Degree Felony
  • 5 counts Bribery 3rd Degree Felony
  • 1 count Official Misconduct 3rd Degree Felony
  • 5 counts Unlawful Compensation 3rd Degree Felony
  • 1 count Perjury 3rd Degree Felony
  • 2 counts Aggravated Assault with a Motor Vehicle 3rd Degree Felony
Under Florida's sentencing guidelines, Fernando Sarmiento is potentially facing a minimum mandatory sentence of up to 15 years in prison upon conviction.


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Contact: Ed Griffith 305-547-0535 07/24/02

Attorney Charged in Bribery Plot Goal was to provide Inmate with Identity of Confidential Informant for a Future Murder


Miami (July 24, 2002) - State Attorney Katherine Fernandez Rundle announced today the arrest of South Florida attorney Steven R. Pietro after an investigation into a bribery plot intended to eventually cause the death of a confidential informant in a drug trafficking case. This joint investigation undertaken by the Miami-Dade State Attorney's Office, the Federal Bureau of Investigation, the Public Corruption Bureau of the Miami-Dade Police Department and the Bureau of Alcohol, Tobacco and Firearms led to his arrest before anyone could be harmed.

"This is a repulsive act of betrayal by a renegade member of the legal profession," stated Miami-Dade State Attorney Katherine Fernandez Rundle. "He intended to undermine our entire system of justice. Fortunately, the skills of our law enforcement community foiled this plot."

The plot evolved from initial contacts occurring in June 2001, after Mr. Pietro visited Miami-Dade County inmate Michael Anthony Gotti in regards to providing legal representation on a forfeiture matter related to Mr. Gotti's drug trafficking charges.

Eventually, Pietro indicated that the drug case appeared to depend on the testimony of a confidential informant whose identity had not been disclosed. Pietro offered to obtain the identity through a police contact for $250,000 as long as Gotti made sure that the informant's body was never found.

Steven R. Pietro faces charges of:
  • 1 count Retaliation Against a Witness 3rd Degree Felony
  • 1 count Bribery 3rd Degree Felony
  • 1 count Accessory After the Fact to Armed Trafficking 2nd Degree Felony
  • 1 count Compounding a Felony (Obstruction) 3rd Degree Felony
Under Florida's sentencing guidelines, Steven R. Pietro is facing a variety of possible sentences, which may range from Non-State Prison Sanctions up to 15 years in state prison if convicted on all counts.

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Contact: Ed Griffith 305-547-0535 07/17/02

Community Council Member Charged by SAO Incumbent Maytee Dulce Armesto Claimed To Reside In Vacated District Home


Miami (July 17, 2002) - State Attorney Katherine Fernandez Rundle announced that as a result of a joint investigation undertaken by the Miami-Dade State Attorney's Office, the Public Corruption Investigations Bureau of the Miami-Dade Police Department and the Commission on Ethics and Public Trust, community council member, Maytee Dulce Armesto, has been charged with knowingly falsifying her candidate certification for reelection.

On July l4, 1998, Maytee Dulce Armesto swore that she had been an area 12 resident for the three months prior to qualifying for office despite the fact that county property records indicated the sale and ownership transfer of her dwelling on March 30, 1998. She had also provided a voter's registration card as proof of her address. At the time, Ms. Armesto was an unopposed candidate for reelection in Area 12. Area 12 roughly spans from US 1 west to the Turnpike and SW 56th Street south to parts of Coral Reef Drive (an exact map of area 12 can be located on the Internet at http:/www.co.miami-dade.fl.us/planzone/cc12.htm).

Miami-Dade police interviewed the present property owner who verified the purchase and occupancy of the home on March 30, 1998. When shown a driver's license picture of Maytee Dulce Armesto, the property owner indicated that Ms. Armesto was only recognized as the daughter of the former owner.

The charges against Maytee Dulce Armesto are:
  • 1 count Official Misconduct 3rd Degree Felony
  • 1 count Election Code/False Swearing To An Oath 3rd Degree Felony
Under Florida's sentencing guidelines, as a first time offender, Maytee Dulce Armesto is potentially facing a sentence of up to 1 year in a county correctional facility if convicted on all counts.

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Contact: Ed Griffith 305-547-0535 0/11/02

Statement By State Attorney Katherine Fernandez Rundle Regarding The Decision of the Florida Supreme Court In the "Baby Lollipops" Murder and Aggravated Child Abuse Case


Miami (July 11, 2002) - "The trial of Ana Maria Cardona for the horrific and brutal murder and abuse of her 3 year old son, Lazaro Figueroa, tore at the heart of this community. The sufferings of "Baby Lollipops" prior to his death were a horrendous series of tortuous events. While I respect the institution of the Florida Supreme Court, I do not always agree with their rulings. This decision is one of the strongest examples of such a disagreement. My staff and I, in conjunction with the Office of the Attorney General, are presently reviewing all of the legal options available to us and we will be seeking a rehearing on the matter."

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Contact: Ed Griffith 305-547-0535 07/10/02

Bail Bondsman Charged by SAO Huxley Petigny Used Fake Court Orders to Defraud County


Miami (July 10, 2002) - State Attorney Katherine Fernandez Rundle announced that the Miami-Dade State Attorney's Office has charged Huxley Petigny, owner and Registered Agent of Shouldy's Bail Bond Company (address: 1399 NW 17th Avenue, #306 D, Miami), in a scheme which defrauded the Miami-Dade County Clerk's Civil Fines and Forfeiture Fund of more than $148,000. The arrest is the result of a joint investigation undertaken by the Miami-Dade State Attorney's Office, the Public Corruption Investigations Bureau of the Miami-Dade Police Department and the Fraud Division of the Florida Department of Insurance after the staff of Clerk of the Courts discovered that fraudulent court orders were being filed and requested a thorough investigation.

The investigation uncovered a total of 95 fraudulent court orders. The bogus orders were intended to free Shouldy's Bail Bond Company from their financial obligations to the court after their clients failed to appear in felony, misdemeanor or traffic court. Under normal procedures, efforts to set aside the forfeiture of the criminal court bond (technically called an estreature) occur in the civil courts where a judge would hold a hearing and issue an appropriate order. The 95 fraudulent court orders, which included forged or illegible judicial signatures, were intended to show court approval for ending the financial responsibility of Shouldy's Bail Bond Company in cases where defendants were never brought back to the criminal courts for their hearings and for whom warrants remained outstanding at the time that the fraudulent order was filed.

The charges against Huxley Petigny are:
  • 1 count Organized Scheme to Defraud 1st Degree Felony
  • 1 count Grand Theft 1st Degree Felony
  • 95 counts Forgery 3rd Degree Felony
  • 95 counts Uttering a Forged Instrument 3rd Degree Felony
  • 95 counts Simulating Legal Process 3rd Degree Felony
Under Florida's sentencing guidelines, Huxley Petigny is potentially facing a prison sentence of 20 years if convicted on all counts.

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Contact: Ed Griffith 305-547-0535 05/22/02

County Employee Charged In Identity Theft Case Secretary at Opa Locka Airport Used Her Position to Open False Accounts


Miami (May 22, 2002) - Miami-Dade County Aviation Department employee, Alesia Henry (DOB 9/13/64), was arrested today by State Attorney's Office Investigator Fran Miller, in an identity theft case involving the use of a county computer and information obtained through her Opa Locka Airport position. Ms. Henry created alternate credit identities of individuals who had worked or were working at the Opa Locka Airport. These identities were then used to fraudulently obtain merchandise over the Internet utilizing the county-owned computer located at her workstation. This investigation was a joint undertaking on the part of the Miami-Dade County Office of Inspector General and the Miami-Dade State Attorney's Office.

"Identity theft is an economic crime that is increasingly affecting the daily lives of every citizen of this community," stated State Attorney Katherine Fernandez Rundle. People's lives have been ruined by individuals using a few taps of a keyboard, rather than a gun or a knife, to carry out a crime. For a public employee, to use her governmental position to commit fraud is an appalling violation of the public trust. There can be no excuses for such conduct. This is another fine example of the effective law enforcement cooperation between the Miami-Dade County Office of the Inspector General and the prosecutors and investigators of the State Attorney's Office in the effort to combat all forms of criminality which may touch our local government."

Christopher Mazzella, Inspector General of Miami-Dade County, stated: "This case is particularly egregious because a county employee, with access to the Aviation Department's computer system, violated her public duties when she committed crimes through the use of that same computer system." Mazzella stated that "the Office of the Inspector General's mission continues to be restoring the public's trust in County government, and that the citizens of Miami-Dade County are entitled to expect county employees not to commit crimes while at work, and especially not through the use of the government's computer system."

Alesia Henry is charged with:
  • Organized Fraud/ $20,000 or Less 1 Count (3rd Degree Felony)
  • Criminal Use of / Personal Identification 2 Counts (3rd Degree Felony)
  • Offense against Computer Users to Defraud 1 Count (2nd Degree Felony)
  • Communications Fraud/ $300 or More 3 Counts (3rd Degree Felony)
  • Communications Fraud/ Less Than $300 2 Counts (1st Degree Misdemeanor)
  • Petit Theft Over $300 and Less than $300 2 Counts (1st Degree Misdemeanor)
Under Florida's sentencing guidelines, Ms. Henry faces a broad range of possible penalties if convicted ranging from a non-state prison sanction to serving up to 15 years in prison.

This investigation is still ongoing. If there are any other individuals who may feel that Alesia Henry victimized them, they are urged to contact the Office of the Inspector General at 305-375-1946.

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Contact: Ed Griffith 305-547-0535 04/12/02

SAO Charges Commissioner's Chief of Staff Elba Morales Charged with Theft of Campaign Funds, Money Laundering, Grand Theft, Fabricating Evidence and Mortgage Fraud


Miami (April 12, 2002) -The Miami-Dade State Attorney's Office has charged Elba Morales, Chief of Staff for Miami-Dade County Commissioner Miriam Alonso, with the theft of campaign monies from the failed 1997 Miami City Commission campaign of Miriam Delores Alonso, the creation of false documents to cover up the theft and with supplying false financial information to facilitate the purchase of a Miami Beach condominium announced State Attorney Katherine Fernandez Rundle.

The arrest is the result of a joint investigation undertaken by the Miami-Dade State Attorney's Office, the Public Corruption Investigations Bureau of the Miami-Dade Police Department and the Miami-Dade County Office of Inspector General.

The State Attorney complimented the exceptional professionalism of the Public Corruption Investigations Bureau of the Miami-Dade Police Department and the Miami-Dade County Office of Inspector General. "This extensive investigation by prosecutors and two of our finest police agencies shows the level of commitment the people of this community have toward eliminating political corruption in Miami-Dade County. Our resolve remains strong to use every legal tool available in both state law and federal law to remove those individuals from our political system who commit fraudulent acts which should disqualify them from public life." said State Attorney Katherine Fernandez Rundle.

Christopher Mazzella, Inspector General of Miami-Dade County stated, "The Office of the Inspector General (OIG) has participated in this investigation as a part of our ongoing efforts to investigate government officials who exploit their public office for private gain. The OIG's commitment to restoring the public's trust in county government is founded on our unrelenting dedication to investigate allegations of official misconduct."

This investigation was initiated on the basis of an anonymous tip that a number of financial irregularities had occurred as a part of the 1997 Miami City Commission campaign of Miriam Delores Alonso, daughter of Miami-Dade County Commissioner Miriam Alonso. As the investigation proceeded evidence was uncovered that Elba Morales, Chief of Staff for Miami-Dade County Commissioner Miriam Alonso and registered treasurer for the 1997 campaign had deliberately overpaid printing costs and pocketed the resulting refunds. Evidence also was uncovered that indicated that Elba Morales took deliberate steps to manufacture evidence to hide these actions.

Additionally, during the course of investigation, it was discovered that Elba Morales had falsified information on a mortgage loan application with Great Country Mortgage Bankers Corporation deliberately misstating her finances. The application is for a $168,750 loan for property owned by Morales and located on Miami Beach, Florida.

The charges against Elba Morales are:
  • 1 count 3rd Degree Grand Theft 3rd Degree Felony
  • 1 count Money Laundering 3rd Degree Felony
  • 4 counts Fabricating Evidence 3rd Degree Felony
  • 1 count Mortgage Fraud 3rd Degree Felony
The extensive investigation into these campaign irregularities and other possible offenses continues and more arrests can be expected in the future.

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Contact: Ed Griffith 305-547-0535 02/13/02

Statement by State Attorney Katherine Fernandez Rundle On the Shooting Death of Alphaeus Daniel Dailey


Miami (February 13, 2002) - "Today, I am releasing to the public the extensive close-out memorandum which concludes the investigation of the shooting death of Alphaeus Daniel Dailey. Mr. Dailey was involved in a police-related shooting that occurred on June 17, 2001 in the City of North Miami Beach. My goal in releasing this extremely thorough memorandum is to give all the members of the public access to the complete details of this complex examination. As is discussed in great detail in this report and in the report's executive summary, under the laws of the State of Florida, the shooting of Alphaeus Daniel Dailey does not meet the legal standards necessary to merit the filing of criminal charges. As a result, we will not be charging North Miami Beach police officer Dennis Fogelgren in Alphaeus Daniel Dailey's death."

Copies of the close out memorandum will be available through the Office of the State Attorney during working hours. Copies can also be obtained through the Office of the State Attorney web site (www.state.fl.us/sa11).

Click here to view Dailey Summary (235kb PDF)
Click here to view Executive Summary (76kb PDF)

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Contact: Ed Griffith 305-547-0535 02/04/02

Statement from the State Attorney's Office regarding Magistrate Judge's Report and Recommendation on Humberto Hernandez Report to go to Federal Judge for Final Determination


Miami (February 4, 2002) - Federal Magistrate Judge Ted E. Bandstra has issued his report to Federal Judge James Lawrence King recommending that Judge King grant Humberto Hernandez a Petition of Habeas Corpus. Objections to the recommendation can be filed in Federal Court within 10 days. Judge King will rule on this matter.

"We respectfully disagree with the Federal Magistrate's recommendation which is currently under review by attorneys on my staff," stated Miami-Dade State Attorney Katherine Fernandez Rundle. "We agree with Judge Roberto Pineiro, who presided over the trial and the Judges of the entire Third District Court of Appeal which ruled against the defendant on this issue. In consultation with the Office of the Florida Attorney General, we will determine the most appropriate course of legal action to undertake in this matter."

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