Attorney’s Group Text Goof Leads To Mistrial

// Group texts have become an important feature of life in 2022. It’s an easy way to keep up with friends and family, particularly when the pandemic might just make in-person hangs a bit more dangerous. Anyway, group texts are great, but so are the sub-chats. You know what those are: the backchannel of only a select few members of the larger group chat so that you can talk shit.

Unfortunately Assistant State Attorney Katya Palmiotto forgot the first rule of massive group texts: always check to see who is on the chat before you start running your mouth. Otherwise you can just embarrass yourself, and maybe cause a mistrial.

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Palmiotto’s on a chain of current and former homicide prosecutors. On that text she complained about a Broward County, Florida, judge, Peter Holden. (Holden wouldn’t allow into evidence a 911 recording in the prosecution of Corey Gorden, who stands accused of killing his girlfriend’s 3-year-old son.) “Holden just sustained their objection and wouldn’t let us put the 911 call in as hearsay,” she wrote.

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Regrettably for Palmiotto, Judge Holden — a former prosecutor — was still on the group chat, running foul of prohibitions of ex parte communications.

Hence the mistrial, as reported by the Associated Press:

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Defense lawyer Michael Gottlieb filed for mistrial on Wednesday, saying in a summary that the 15-year veteran prosecutor had been overheard saying she messed up “real bad.”

“The judge was visibly upset and appeared angry,” Gottlieb wrote.

Holden grilled the prosecutor about the text message before declaring a mistrial.

This is actually the second mistrial in the Gorden case. Back in May, a different judge declared a mistrial after prosecutors asked a witness about Gorden’s refusal to give a statement.

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Which is not nearly as relatable as a group text slip-up.

Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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Courts, Ex parte communication, Group Texts, Katya Palmiotto, Legal Ethics, Mistrials