And just like that, 2023 has come to an end! It has been a nonstop year, and I look forward to getting some R&R this holiday season. But before I do, here are some quick updates!
Congratulations to Tanya Bhatt, who has been elected to the Miami Beach City Commission. She is someone I supported during her race, and I look forward to seeing great things from her in the coming year.
I was honored to provide input on the ongoing battle to get recreational cannabis on the ballot in Florida. The Miami New Times quoted me in a two-part series, that you can read here and here. I also weighed in on an awful case of police brutality for the Knoxville News Sentinel, which thankfully ended well under the circumstances. Lastly, with two high-profile rappers on trial in Atlanta and Broward County, I chatted with the Miami Herald about the use of hip-hop lyrics by prosecutors as evidence of wrongdoing. It’s a slippery slope since the lyrics may have been written way before any crimes may have occurred, and artists often brag about things they have no involvement in (often encouraged by studio bosses because it sells records).
Quote of the Month!
On the work front, our team at the Prosecutorial Performance Indicators at Florida International University has been doing a great deal of work in Maryland, with our work being featured in Maryland Matters. Using data for transparency in prosecution shouldn’t be feared by offices, it should be embraced!
Are you on TikTok? If so, see my recent video on the importance of supporting survivors of sexual assault and domestic violence in the wake of multiple allegations against P. Diddy.
Had a fun time with Erik Fleming on his podcast, along with Dr. Tracy Pearson (ironically, no relation!).
Panel discussion hosted by Lexis Nexis on the changing legal landscape in Florida
Call To Action:
We are soooo close to getting abortion access on the ballot in Florida, but we need more signatures — especially in Broward, Orlando, Osceola, Tampa, and Polk County. Ohio is proof of concept that this can happen, and the polling is consistent — the majority of Floridians (despite who they may vote for) support access to safe abortions. Keep in mind that what happened to a woman in Texas can — and has happened — in Florida. If you have not signed, please do so here.
You may recall the horrible case of AJ Owens, who was killed in front of her children by her racist neighbor. There is a collection and toy list to help them during this holiday season, so please join me in giving them a little joy during the first holidays without their mom.
Enjoying a great Art Basel exhibit on the Harlem Renaissance with fellow members of the Miami Beach Black Affairs Advisory Committee
Candidates I’m Watching:
End-of-year giving is not just for charities — it’s for candidates too! The last quarter push is critical. Here are some folks to support locally for their elections in 2024:
Rodney Jacobs — I’m really excited about Rodney throwing his hat in the ring for the Florida State Senate. His military service, as well as working on police misconduct in the City of Miami, gives him a fresh, balanced perspective that is sorely needed!
Marisol Zentano — Marisol is taking another shot at becoming Miami Dade’s Property Appraiser. She ran in 2020 with me and did incredibly well with little name recognition plus a short runway to campaign. 2024 will be the year for her to win it!
Lucia Baez – Geller — Lucia served us so well on the School Board that she became a target for extremists who want to ban books in a willy-nilly fashion. She is now running for Congress, taking on an incumbent who voted to keep George Santos in Congress among other awful votes. She’s a public school teacher, a daughter of immigrants, and frankly, a breath of fresh air.
Monique Worrell — She is still fighting despite being wrongfully removed by the Florida Governor. She had her hearing in front of the Florida Supreme Court and is awaiting a decision regarding reinstatement. Regardless of the outcome, she is running for her second term as State Attorney in the Orlando area. The people should decide who serves in elected office, not anyone else.
Thank you for all of your support, comments, and emails this year. I’m doing a digital detox until January to reset for what we know will be an intense year in politics! Wishing each of you the happiest of holidays, and best wishes for the New Year.
My father has a saying that resonates more and more as I get older (along with many other “Jamaicanisms” since we love to speak in riddles, lol).
It’s not the moment that a leaf falls to the water bottom that it rots.
Practically, it’s accurate. A leaf doesn’t rot that fast, it takes time. But day by day, bit by bit, time and water break down the leaf.
The same applies to politics. One act is rarely in isolation; and multiple acts together can erode democracy, or can create a toxic environment for various communities. I’ve been very vocal about why it is important for history to be taught accurately, for the power of the voters to remain undiluted, and to push back against hate. The horrible events in Jacksonville, where three people were murdered at a Dollar General simply because of the color of their skin, lays this very bare. Florida is now home to 89 hate groups as per the Southern Poverty Law Center, including the Proud Boys and Nazis who have paraded in major streets in Orlando – including outside Disney World. The Florida governor’s policies that led to banning of books by Black/other authors of color, and discussions of the “benefits” of slavery chips away at the humanity of us all, allows hate groups to flourish due to feeling that they have a home, and results in people with hate in their hearts acting out in violent ways.
I also see this connected to the removal of 9th Judicial Circuit State Attorney Monique Worrell. The Florida governor ignored the will of more than 66% of the voters in the Orlando area who overwhelmingly voted for SA Worrell to be their elected prosecutor, and removed her from office. I did a TikTok breaking down why this is so problematic, along with an op-ed by my colleagues and I that appeared in the Miami Herald. And for those who say “but the people elected the governor” — they’re clearly missing the point of how democracy works. This isn’t a monarchy where everyone serves at the pleasure of the king. Elected officials should not be pulled out of office for political differences – this must only be if they are literally not doing their job. With crime on the decline in the Orlando area as shown by the data, clearly her method of prosecution is working. Check out the press conference where I spoke along with fellow Miami attorneys here. Despite the wrongful removal, SA Worrell is running for re-election while suing to get her job back. You can support her by donating to her campaign here and GoFundMe here.
Lastly, in another attack on the voters, the Florida Supreme Court asked the Florida Legislature to look into consolidating some of our 20 judicial circuits. I did a Mondays With Melba as to why that’s problematic – and in the public comments that have been given at townhalls around the state, NO ONE is speaking in favor of this from either party. It will make it harder for survivors of crime to access justice, as well as for every day people to resolve matters in court since it may close the courthouse closest to them. Let your voice be heard on this! The Judicial Circuit Assessment Committee will hold their next public hearing at 10:00 am (EDT) onFriday, October 13, 2023, in person at the George Edgecomb Courthouse, 800 E Twiggs St, Tampa, FL 33602, and virtually via Zoom. To attend participate virtually, you must register in advance by clicking here.
Nothing like having a front row seat to history – congrats to ACLU of Florida alum Judge Nancy Abudu on becoming the first Black woman to be appointed to the federal 11th Circuit of Appeals by President Joe Biden!! Wonderful to be reunited with my former co-workers for this amazing event.
ICYMI
See my #MondaysWithMelba with Moms for Libros — a dynamic duo pushing back on the extreme book bans in Miami!
Great to be back on the Sunday morning political roundtable on WPLG Channel 10 This Week in South Florida, where we talked about the Republican presidential debate, the Jacksonville shooting and other current events.
Very fun interview with the team at City Life Guru on my early days in Miami, my career path, and my favorite places to go when in town!
Enjoyed bringing my legal analysis to the brand new CourtTV show “Opening Statements“
In studio at Court TV!
Call To Action:
In addition to letting your voice be heard around the issues I mentioned above, be sure to check your vote by mail status! All vote by mail registrations in Florida were deleted from the system last December, so everyone must re-enroll! Some residents have elections coming up soon – for instance this November in Miami Beach, and a special election in South Dade. Click here to re-enroll if you haven’t already!
Tune in for a very educational and intense #MondaysWithMelba for Indigenous People’s Day on October 9 at 6pm! My guests are Mrs. Betty Osceola of the Miccosukee Tribe, and Chairman Robert Rosa of the United Confederation of Taino People. We talk about everything from environmental issues to respecting the remains of the Indigenous elders. Tune in via my Facebook Live, LinkedIn or YouTube pages; later in the week on my Instagram @resident_legal_diva and @melbaformiami.
#MondaysWithMelba honoring Indigenous People’s Day on Monday, October 9 at 6pm EST!
Candidates I’m Watching:
Andrea Jenkins — I was proud to co-host a fundraiser supporting her re-election campaign. She’s the first Black transgender woman to be elected to public office in the US, and she serves as the President of the Minneapolis City Council. The election is November 7.
Johnny Farias — On December 5, there’s a special election for the Florida House in South Dade, and I wholeheartedly support Johnny. He’s a Navy vet, an electrician with his own business, and a true man of the people.
Turning to the 2024 races:
Christopher Benjamin — It was an honor to co-host a fundraiser for him! I’ve known Rep. Benjamin for quite a while now, and he is a true public servant — attorney, state representative, and now, seeking the position of County Court Judge in Miami.
Rodney Jacobs — I’m really excited about Rodney throwing his hat in the ring for Florida State Senate. His military service, as well as working on police misconduct in the City of Miami, gives him a fresh, balanced perspective that is sorely needed!
Marisol Zentano — Marisol is taking another shot at becoming Miami Dade’s Property Appraiser. She ran in 2020 with me, and did incredibly well with little name recognition plus a short runway to campaign. 2024 will be the year for her to win it!
Just celebrated my 50th birthday! Embracing this new chapter.
Miami criminal and civil rights attorney Melba Pearson. Courtesy photo
When South Florida’s 2020 primary elections became interlaced with concern about the county’s lack of police prosecutions, many felt it was time for a change at the Miami-Dade State Attorney’s Office.
But finding someone brave enough to actually challenge 27-year incumbent Katherine Fernandez Rundle was a different story.
Enter: former Miami-Dade prosecutor Melba Pearson, who spent a good year trying not to throw her hat in the ring.
“Nah, I’m good,” she recalls telling local attorneys, activists and survivors of crime when they’d approach her about running. Pearson searched for another candidate instead, but came up short. Months of soul searching and discussions ensued and, eventually, Pearson surprised herself.
“Running for public office was never on my list of things to do ever, ever. Just never,” Pearson said. “Because I found it invasive. You have to put yourself out there, you don’t have your privacy and people just attack you.”
She wasn’t wrong.
Two of Pearson’s online campaign events were Zoom-bombed by neo-Nazis, while some critics claimed she wouldn’t support the Black community because she’s married to a white man.
And though the election didn’t go how Pearson had hoped, as Fernandez Rundle kept her seat, Pearson said she was humbled to see how many young people were energized by her fight for change. That’s because, in Pearson’s view, it was time to take a stand after 41 years without a prosecution over an on-duty killing by Miami-Dade police officers.
“The goal is not to ignore the laws of the state of Florida,” Pearson said. “That’s not the point. But you also have to be strategic. You have to use the laws and be strategic to make sure that you’re achieving justice.”
And yet, Pearson was surprised by how many people, including attorneys in private practice, were afraid to oppose the incumbent for various reasons, with some believing, “I could get in trouble just for even talking to you.”
“To this day, it still boggles me because I don’t see it,” Pearson said.
Though many expressed a desire to support Black female candidates, Pearson said she was disappointed to find that personal interests often won out.
“I knew that politics could be a dirty game, but the hypocrisy was what I was really not prepared for,” Pearson said. “And maybe that was me being naïve but, you know, I thought, ‘I’ve watched “Scandal,” I’ve watched “House of Cards.” I think I know what to expect.’ And it’s like, oh no, people lie to your face. OK.”
‘Melba’s Run Was Important’
Quintairos, Prieto, Wood & Boyer partner Reggie Clyne was among Pearson’s supporters, outraged by the state attorney’s decision not to charge prison guards with the killing of Black inmate Darren Rainey, scalded to death in a shower. Mid-campaign, Fernandez Rundle refused a formal request from the Miami-Dade Democratic Party to resign over the move.
Clyne found ”a lot of people wouldn’t support [Pearson] because they were afraid,” but noted he’s since seen a change in the office’s approach.
“Melba’s run was important, especially for the African American community, because it brought to the fore the issue of what had happened here and why it was important that someone bring it to the light and get something done about it,” Clyne said.
Now director of policy and programs at Florida International University’s Center for the Administration of Justice, Pearson is spearheading a nationwide data project aimed at pinpointing systemic problems with efficiency and racial justice at prosecutors’ offices.
‘Steely-Eyed Determination’
Pearson grew up in New York with Caribbean parents and always knew she’d become a lawyer, inspired by her father’s stories about the attorneys of civil rights movement leaders who ensured “America was being held to her promise of liberty and justice for all.”
Pearson’s father also played a key part in her decision to run for state attorney, reminding her, “You’ve got to sacrifice for the good of the people.”
Pearson planned to stay in New York, but moved into a tiny South Beach studio apartment when her first job offer came from the Miami-Dade State Attorney’s Office.
Pearson’s plans to handle misdemeanor trials hit a snag when she failed the bar exam, having wrongly assumed that, “If I sit in class and pay attention, I’m usually able to do well.”
Then-assistant Miami-Dade State Attorney Chadd Lackey remembers the look in Pearson’s eye when she found out.
“She went from really sad and discouraged to this steely-eyed determination that, no matter what, she was going to succeed at her job and get this bar exam issue resolved,” Lackey said.
‘A Time of Reckoning’
That triggered a legal hiatus for Pearson, who began planning special events for nightclubs, back when Jennifer Lopez, P Diddy and other 1990s celebrities and sports stars were regulars.
Pearson handled corporate events and marketing by 2001, when her home state was rocked by the 9/11 terror attacks.
“It was also a time of reckoning for me, like, ‘What are you doing with your life?’ And I didn’t feel that I was making a difference in people’s lives,” Pearson said. “The party was great. People had a good time that night. But what sustaining change have you made? None.”
Pearson was also in an abusive relationship, and reasoned, “Drastic changes need to happen because you’re not going to make it if you don’t.” Pearson left the relationship, passed the bar exam and began a new life as a prosecutor in the domestic violence division.
Four years in, Pearson became a Liberty City community prosecutor. And though she’d lived in Miami for years, that job revealed she didn’t really know its nooks and crannies.
“That is the root, sometimes, of a lot of the divisions we see in the country,” Pearson said. “You don’t really get outside of your circle, so you don’t meet people that live a different life than you do, that have whole different viewpoints than you do, that worship differently than you do. And that leads to misunderstandings and, sometimes, ignorance.”
Pearson’s background came in handy, as she designed events aimed at bringing different groups together—and still gets goosebumps when she recalls seeing Nation of Islam members arrive to watch a basketball game between police and Liberty City residents.
“Regardless of the politics of it,” Pearson said. “Just to see 20, 30 people all dressed in their finest, the women with their beautiful hair coverings and the gentlemen all coming with their bow ties, and they were like, ‘The fact that you’re here in this community doing this work, we’re here to show you this support.’”
That’s when the old adage clicked for Pearson: “That the defendant of today is the victim of tomorrow, and the victim of today could be the defendant of tomorrow. It’s all just a matter of circumstance and lack of resources.”
Pearson later became assistant chief of the career criminal robbery unit, president of the Gwen S. Cherry Black Women Lawyers Association and president of the National Black Prosecutors Association. And as the country grappled with the police killings of Black teenagers Michael Brown, Laquan McDonald and Tamir Rice, Pearson went deeper into the criminal justice reform movement and encouraged conversations about what policing should look like.
Pearson took two trips to President Barack Obama’s White House and picked the brains of some of the country’s leading progressive prosecutors, including former San Francisco District Attorneys Kamala Harris and George Gascon.
Then, it was time to move on.
“It was just so energizing to be able to participate in this, but then I’d come back home and there was only so much that I could really do,” Pearson said.
After writing a Miami Herald op-ed about smarter sentencing, Pearson landed on the radar of ACLU of Florida executive director Howard Simon, who offered her a deputy director role.
Unfamiliar with the ACLU, Pearson discovered it was critical in securing the landmark 1967 Loving v. Virginia decision legalizing interracial marriage and, “It was a wrap for me.”
Now executive director of New Jersey State Commission of Investigations, Lackey said he and Pearson became “the siblings we never had.”
She’s someone with immense ambition, Lackey said, ”But it’s tempered by this kind heart and passion to do what’s right.” Lackey noted that he owes his career to Fernandez Rundle, but advised his friend to be the change she wanted to see.
“Competition makes us all better, and I hope that Kathy’s term reflects the fact that she did receive a sign challenge from Melba,” Lackey said.
Pearson published a book on prosecutorial discretion, titled “Can They Do That?” in June, and joined FIU in September.
Melba V. Pearson
Born: New Rochelle, New York
Spouse: Bill Mecham
Education: Hofstra University, J.D., 1997; New York University, B.A., 1994
Experience: Director of policy and programs at FIU Steven J. Green School of International and Public Affairs, 2020-present; deputy director, ACLU of Florida, 2017-2019; president, MVP Law LLC, 2019-present; prosecutor, Miami-Dade State Attorney’s Office, 2002-2017
Raychel Lean South Florida litigation reporter Daily Business Review305-926-4875
We’ve waited, we’ve prayed, we fought, we cried…and now, 2020 is in the history books, replaced by the blank slate of the new year.
It’s a strange feeling in some ways. For me, 2020 was very much a mixed bag. There are some parts that I couldn’t wait to have behind me – watching friends suffer with their health as a result of COVID19; lockdowns; and toxicity brought on by the political climate. At the same token, it was a year of breaking boundaries as well as new beginnings.
On the positive side, I’m thankful more than ever for my health. It’s something we should never take for granted. I was able to work remotely, which is a privilege many people did not have, placing them and their families at risk. Thank you to everyone that went out to work because they were essential; I stand in solidarity with those who were forced due to corporate greed.
George Floyd protest in Miami
2020 was definitely a year of pushing boundaries and taking on new challenges. The biggest challenge for me was running for the office of Miami Dade State Attorney. In the best of times, running for office is intense, back breaking work. I knew it was going to be hard, but there was no real way to know how hard until I was in it. You spend hours on the phone asking for donations; then more time is spent trying to maximize what you have raised in order to get your message out effectively. It became clear to me why many of those in government either come from wealth, or are beholden to special interests who financed their campaigns. It’s simply very difficult to do without financial support. Add on the layer of a global pandemic, where there is uncertainty around people’s financial future as well as the loss of the ability to connect in person at local events or door to door — now it’s uncharted waters.
With all of the hurdles, we managed to leverage social media to elevate the discussion of key issues confronting Miami and America at large in the criminal justice system. The murders of George Floyd, Breonna Taylor, Tony McDade and others encouraged national activism; but it also made people look in their own backyards to see what injustices may be occurring. The racial reckoning- painful as it was for me personally to watch people that look like me die for no reason – was a turning point in highlighting why change is needed locally and nationally.
With fellow activists at Women’s March Miami rally
Even though my bid was not successful- the jury is out as to whether I will do it again – it was such an honor to connect with people I never would have met otherwise. It also allowed me to thin out my contact list. Not everyone who says they are there for you really mean it. The lesson is one that is repeated often, but it is welcome in that it clears the path for new relationships to be forged. I am so grateful to everyone who donated, volunteered or assisted in some way. So many folks showed up and showed out – it was really appreciated!!! Special shout out to my beloved husband the Cowboy. His unconditional love and support made this possible.
Me and my Cowboy! Photo credit: LocShotz
Continuing on the topic of elections, I cannot wait to attend the swearing in ceremonies of Harold Pryor in Broward County (first African American man to be elected State Attorney in Florida), and Monique Worrell who will continue the legacy of Aramis Ayala as State Attorney in Orange/Osceola County. On a national level, the first African American female will be inaugurated as Vice President. The new presidential administration under Joe Biden will be not only a breath of fresh air, but very needed oxygen for us to rebuild as a country.
My new beginning came in September when I joined Florida International University as the Director of Policy and Programs for the Center for the Administration of Justice. My father always had a saying – “watch how you conduct yourself in the street because you never know who is watching”. The associate director of the Center had been watching my campaign and how I addressed the issues. He texted me on Election night when the results became final, and I began work a month later (after a much needed vacation!). It’s been great to work with prosecutors’ offices to show them how using data and alternative ways to measure success can bring more equity to our communities as well as our system. We are bringing on new offices this year, and will be expanding the work internationally. My greatest goal is to create several test sites as models of real community engagement between prosecutors and the people they serve.
So what is on deck for 2021?
There will be a lot more writing this year (yay!). I published a book on prosecutorial discretion last year; I’ll be continuing to promote it as part of the bigger dialogue as to what is next for the criminal justice system. I’m excited to be able to travel again internationally – for pleasure and for work – once the vaccine is widely available. There will be more work on a grassroots level around criminal justice – raising awareness and empowering people with the information they need to fight for change while holding those in power accountable. Make sure to tune in to Mondays With Melba every Monday at 6pm on Facebook Live. It is also posted later in the week on my Resident Legal Diva Instagram page.
Thank you for being a part of the RLD family. I wish each of you a healthy and prosperous New Year. Please let me know any topics you’d like for me to explore on the blog or via Facebook Live. Let’s make it a great year together!!
African-American woman meditating in lotus position. Photo credit: Getty Images
Hi RLD Fam!
I hope this email finds all of you healthy and well.
2020 has been quite a whirlwind for everyone without a shadow of a doubt. It was also the year I decided to run for Miami Dade State Attorney. The phrase “how oft go astray the plans of mice and men” rings so true. While I deeply wanted to serve my community in this way, life had other plans.
After the election ended on August 18, I was offered, and accepted, the position of Director of Policy and Programs at the Center for the Administration of Justice at Florida International University. I will be working on prosecutorial reform and other criminal justice issues nationally as well as globally. It’s really exciting!
In the meantime, it’s all about November. We are constantly being reminded how elections have far reaching consequences. With the passing of Justice Ruth Bader Ginsberg, we are seeing her reliably progressive voice being replaced by someone who is the exact polar opposite of her values. I wrote about Justice Ginsberg’s legacy in the Miami Times; see more here.
But in more positive news, I’m thrilled that someone who is a true trailblazer and role model for women of color – Kamala Harris – be on the ticket this November! It would be amazing to see her as the first female Vice President, and the first African American Vice President in our history! After going through a grueling campaign for eight months, I feel a special kinship with her. We faced similar criticisms, including having our “Black card” tested. Long time readers of the blog know how I feel about Senator Harris – but if you need a refresher, here are some of the pieces I’ve written about her work over the years.
As the year winds down, I will be looking for new ways to engage with everyone and give you the content you want to see! Please sound off in the comments – what would you like on RLD? More videos? Personal reflections? More legal analysis? Let me know!
Mondays With Melba continue weekly! Every Monday at 6pm, I discuss current events, politics and the law. Please go to either Facebook or IGTV to catch up on past episodes. Recent topics include how to vote safely, amendments on the Florida ballot, and legal analysis of the Breonna Taylor case. I’ll be adding more videos to the blog in the future too!
The Resident Legal Diva 