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Miami-Dade state attorneys drop charges against accused killers after email discovery

Prosecutors cleared the men from any criminal wrongdoing after defense attorneys uncovered an email that could be evidence of misconduct by the State Attorney's Office

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Prosecutors cleared two men accused of a 2019 murder in Little Haiti from any criminal wrongdoing after defense attorneys uncovered an email that could be evidence of misconduct by the State Attorney’s Office. NBC6’s Christian Colón reports

Family members eagerly waited outside the Miami-Dade criminal courthouse to finally hug their loved ones, Alex Coronado Alexander and Esaie Jean Desir, after nearly six years behind bars. 

Earlier in the day, as the two were waiting for their trial to begin, the codefendants were informed the Miami-Dade State Attorney's Office had just dropped all their murder and drug charges in connection to the fatal shooting of 44-year-old Reginal Joseph outside a Little Haiti barbershop. 

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In 2019, Alexander and Desir, along with Latravius Deondre Rolle, were arrested and charged with second-degree murder. 

Officers found Joseph suffering from gunshot wounds outside of a barbershop near Northwest 59th Street and Northwest 2nd Avenue, police said. Joseph was taken to a hospital, where he later died.

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Prosecutors say one of them set up a meeting with the victim to buy large quantities of oxycodone from him.

CO-DEFENDANT MURDER TRIAL

Desir and Alexander were hoping to go to trial and convince jurors they were innocent. Meanwhile, prosecutors were hoping to convince jurors the men were guilty by placing Rolle on the stand to testify against his friends. 

Records show that in 2012, Rolle pleaded guilty to second-degree murder and conspiracy to traffic oxycodone, in exchange for three years in state prison followed by community control and probation. 

As part of the deal, Rolle, who was facing up to life in prison, also agreed to testify against Desir and Alexander in the trial. 

EMAIL DISCOVERY

However, in a shocking discovery this week, defense attorneys for Desir learned through a public records request that Rolle was potentially forced to change his testimony to benefit the state. 

"It was clear his initial story was more consistent with the defense theory that the deceased was actually trying to rob our client," said Adam Goodman, an attorney representing Desir. 

Michelle Borchew, another defense attorney representing Desir, told NBC6 she obtained an email where a former prosecutor stated Rolle's testimony was not helpful and that the former prosecutor "would be happy to meet with him (Rolle) again for a second statement or the plea would have to be a longer prison sentence." 

The email read by NBC6 also mentioned a former top prosecutor named Michael Von Zamft, who resigned last year after a judge disqualified him from a death penalty case for prosecutorial misconduct. 

"She (former prosecutor) said that she had reviewed the flipped cooperative co-defendant's initial statement with Micheal Von Zamft, and it was not satisfactory because it did not fit their theory of the facts and it wouldn’t help them convict the other two defendants," Borchew explained.

Borchew told the new prosecutors on the case about the email, and state attorneys Casey Hughes and Alejandra de la Fuente decided they could not move forward with the murder trial.

In a statement to NBC6, the Miami-Dade State Attorney's Office said, "In this case, the current prosecutor, upon being made aware of the email, made the determination that she would not be able to call the witness in question. This witness’ testimony was essential to proving the case, so without it, we could not move forward with the case.” 

“As prosecutors, it is our duty to make sure that the criminal prosecution of any case is handled ethically and with due process," the state attorney's office said. "Whenever any new information is brought to the attention of one of our prosecutors, they will evaluate it and make a determination as to its impact upon the case." 

Borchew and Goodman are thankful the new prosecutors on the case decided to drop the case. However, they urge the state attorney's office to review other cases where Von Zamft might have had his hands on. 

In response, the state attorney's office told NBC6 Von Zamft was consulted in his capacity as senior trial counsel and he did not order anyone to change their statement. 

In the last year, there have been major changes to high-profile murder cases because of misconduct. 

Last November, state attorneys announced they would no longer seek the death penalty during a resentencing for the leader of a violent Liberty City gang. 

Similarly, Taji Pearson, a man convicted in the murder of a 15-year-old girl in Liberty City, had his life sentence vacated after prosecutors hid evidence. 

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