Miami-Dade County: News reports that the State has dropped the death penalty for Corey Smith
A news report from the Miami Herald Monday indicates that the State “announced Sunday it will waive the death penalty and will attempt to negotiate a lesser sentence" amid pressure on prosecutors.
In 2005, Corey Smith was given two sentences of death for crimes that occurred in the late 90s after the jury recommended death by votes of 10-2 and 9-3. His sentences of death became final in 2009.
After Hurst,1 the Florida Supreme Court vacated Smith’s sentences of death and ordered a new penalty phase. Smith’s new penalty phase was scheduled to begin in the fall of 2023, but litigation regarding the application of Florida’s 8-4 capital sentencing statute delayed the resentencing.
After the 8-4 issue was resolved (in the State’s favor), litigation in the trial court continued. In March, as TFDP previously covered, the trial court disqualified prosecutors from Smith’s case based on unethical conduct.
A news report from the Miami Herald yesterday indicates that the State “announced Sunday it will waive the death penalty and will attempt to negotiate a lesser sentence.”
The report also discussed text messages produced in discovery between Florida Third District Court of Appeal Judge Bronwyn Miller and the prosecutors in Smith’s case that raise concern. Judge Miller was the original prosecutor in Smith’s case and is on the state’s witness list. In the text messages, Judge Miller made strongly worded recommendations to prosecutors on how to handle the litigation in Smith’s case—including recommending that prosecutors seek to disqualify the trial court judge and badmouthing defense attorneys. The text messages are available in the Miami Herald article linked above.
As of 9:00 last night, the docket in Smith’s case does not reflect the State’s agreement to waive the death penalty. The last filing on the docket is from Friday. The next hearing is set for Wednesday, November 13.