Top officials in the Broward State Attorney’s office — and the former prosecutor in the YNW Melly case — won’t have to testify at a hearing in which the judge will decide whether the case should be thrown out.
On Friday, Broward Circuit Court Judge John Murphy quashed the subpoenas the defense issued to State Attorney Harold Pryor and Chief Assistant State Attoreny Regina Faulk as well as Public Corruptions Unit prosecutor Christopher Killoran, prosecutor Steven Klinger and Kristine Bradley, the former lead prosecutor in the YNW Melly case.
Murphy’s decision came after the rapper’s legal team asked the judge to throw out the double murder case or appoint an entirely new out-of-county prosecutor team. Defense attorneys continue to allege that the Broward State Attorney’s Office covered up misconduct by Bradley and Miramar Police Detective Mark Moretti.
The subpoenas, which the defense issued in its third attempt to dismiss the case, “invade the work privilege exception,” the state argued. Friday was the second time the judge has swatted down the defense’s attempt to get top Broward prosecutors on the stand.
Why testify?
The defense previously tried to subpoena Pryor and others at the office over the allegations surrounding Moretti that came about after the testimony of Michelle Boutros, a Public Corruptions Unit prosecutor.
READ MORE: Prosecutor accused detective in YNW Melly case of lying. She’s now a defense witness
In 2022, Moretti was taking a statement from King in a conference room at the Broward courthouse. Boutros, King’s attorney Robert Trachman and Broward Sheriff’s Office Sgt. Jason Hendrick were also there at the time.
At some point, Hendrick stepped out, and Moretti executed a search warrant for King’s phone. Shortly thereafter, BSO Deputy Adam Gorel arrived at the conference room. When King and Trachman left, Moretti allegedly made a comment to Gorel about saying he was present while the search warrant was executed.
Accounts of what Moretti said — or didn’t say — differ among the parties in the case. According to a filing by Bradley, Moretti asked Gorel whether he was there when the phone was taken, and Gorel said something along the lines of: “I can be if you needed me to be.” Boutros, on the stand, declared that Gorel didn’t say that.
But Murphy, in both rulings to quash the subpoenas, declared that the defense hadn’t provided enough evidence that the State Attorney’s Office engaged in a cover-up.
Where do the allegations stand?
In a 17-page filing from early January, prosecutors Alixandra Buckelew, Taylor Collins and Justin Griffis dissect — and poke holes — in Boutros’ previous testimony. They also cast doubt on her credibility.
The state, in the filing, argue that Boutros’ allegations of wrongdoing against Moretti aren’t supported by evidence presented. Moretti and BSO Deputy Adam Gorel, they say in the filing, both deny that the “solicitation” to lie ever occurred.
Moretti was cleared of wrongdoing after a Miramar Police Department’s internal affairs inquiry, according to a memo. Internal Affairs Sgt. Brittany Parker closed a complaint made by King against Moretti, also writing that Boutros’ claims about the detective contradicted Gorel’s sworn statement.
READ MORE: Another account emerges as detective in YNW Melly case takes the stand. What did he say?
Amid the allegations, defense attorneys accused Bradley, the former prosecutor, of not turning over Brady material related to the incident with the detective. Under Florida law, prosecutors are required to disclose any information that may be favorable to the defense. The discovery of Brady violations, in some cases, have even led to overturned convictions.
The new prosecution team said Boutros was also accused of withholding Brady material in a 2010 case involving defense attorney Jamie Benjamin, who’s currently representing Melly. Boutros, according to the prosecutors, was also accused of lying by former Public Defender Howard Finkelstein and was disciplined by the Florida Bar for misconduct.
“It is only Detective Moretti whose record is unblemished, having had no IA complaints in either his 20 years in the Military nor his 20 years as a Law Enforcement officer,” prosecutors say.
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