Miami crime boss escapes death penalty following judge’s text scandal

Judge’s texts spark scandal as Miami gang leader Corey Smith dodges death penalty, stirring courtroom controversy.

In a Miami courtroom drama fit for a TV series, Corey Smith, former gang leader of Liberty City's John Does, has been saved from the death sentence, setting off a wave of revelations, courtroom whispers, and text messages that have put Judge Bronwyn Miller squarely in the spotlight. 

Smith, convicted of four murders in 2004, was on death row until his attorneys recently wrangled a new chance for him, arguing the original trial was more tangled than a soap opera plot. Now, the Miami-Dade State Attorney’s Office has stepped in to negotiate a lesser sentence.

But things got really interesting when The Miami Herald uncovered Judge Miller’s text messages, which she sent to State Attorney Katherine Fernandez Rundle. The texts, which had a dash of unsolicited advice and more than a sprinkle of attitude, featured Miller trying to nudge Rundle to, as Miller put it, “disqualify” Circuit Judge Andrea Ricker Wolfson, the current judge overseeing Smith’s resentencing. “Then all ruling can be reconsidered,” Miller suggested, subtly hinting that a judge swap could rewrite the courtroom script.

Miller, who had once prosecuted Smith’s case, didn’t just stop with advice on judicial musical chairs. Her texts included critiques of the whole legal lineup, taking shots at defense attorneys, other judges, and even the office staff. Prosecutor Michael Von Zamft didn’t escape her eye either. Von Zamft, who was removed by Judge Wolfson for allegedly suggesting he’d “make a witness unavailable” for one of Smith’s associates, got a Miller critique that was straight out of a roasting: “They play by different rules,” she texted, adding, “No defense attorney should be training [assistant state attorneys]. It should be someone who knows that prosecutors are held to higher ethics.” Just some light reading between friends in the justice system.

In another twist, Miller questioned why Steve Gosney, a defense lawyer and author of a book with the charming title ‘Death Penalty Desired: Passion and Murder,’ was even allowed on Smith’s case. “I just don’t know what’s going on in the office anymore. It’s outlandish,” she wrote, baffled by Gosney’s anti-death penalty stance and what she saw as a less-than-prosecutor-worthy addition to the team. Gosney, for his part, gave his own classic response to The Miami Herald, quipping that “even lawyers sometimes get fooled by the leftist, fake media.” Touché.

With these messages out in the open, Public Defender Carlos Martinez said his team was on high alert. “We are investigating and looking at what the remedy, if any, is going to be, to protect my clients,” Martinez said, as lawyers across Miami started to wonder what else might pop up in this ongoing legal drama. Smith’s defense team took things a step further, voicing concerns about Miller’s impartiality. “Judge Bronwyn Miller has called into question her fitness to serve the people of the state of Florida,” defense attorney Allison Miller said, adding that the case had just gone from complicated to downright theatrical.

If that wasn’t enough, an old memo from Smith’s original trial resurfaced, showing that witnesses were treated to food, drinks, and cigars before testifying—classic Florida hospitality, it seems. Miller, defending her decision, explained she was “prepping” the witnesses almost daily. But even she thought the renewed focus on these “favors” was a bit much, texting Fernandez Rundle, “This is insane.”

The texts also uncovered that Miller isn’t a fan of Judge Wolfson or Miami-Dade Chief Judge Nushin Sayfie, whom she feels hold a grudge from an old bail bond reform squabble. In a message on March 18, she cautioned Fernandez Rundle, “By the way, I have no idea [why] you refuse to listen to me regarding Andrea [Wolfson]. She will destroy you because of the bail bond issue.” In another text, she added, “I’m so beside myself. You refuse to see what is going on with her and Nushin.” Clearly, Miller saw herself as a source of invaluable insider advice—even if no one was exactly asking.

Miller has since stayed silent, seeking counsel from ethics expert Professor Anthony V. Alfieri, who suggested she keep her comments to herself. She added, “I strive always to adhere to the highest standards of ethical conduct,” sticking to the line her legal advisors likely prepped.

The legal community is still reeling from this courtroom rollercoaster, with lawyers waiting to see if there’s yet another twist in this saga. As Allison Miller put it, “The consequence of these revelatory messages will be substantial and have reverberations across our community and state.” For now, Miami has front-row seats to one of the city’s most unexpected courtroom dramas—complete with all the plot twists, conflicts, and bold characters to make this story one for the ages.