Miami-Dade Public Defender Carlos Martinez said the attorney, Anya Cintron Stern, was fired immediately and Judge Leon Firtel declared the mistrial Wednesday, The Miami Herald reported.
The underwear incident occurred during the trial of Fermin Recalde, who is accused of stabbing his girlfriend. Dora Rial, to death in Hialeah in 2010. Witnesses said Recalde’s family brought him fresh clothes to wear during trial and Cintron Stern used her cellphone to take a photo when Miami-Dade corrections officers lifted up the briefs and items for a routine inspection, the newspaper said.
The lawyer posted the photo on her personal Facebook page and wrote a comment indicating her client’s family considered the underwear “proper attire for trial.”
Someone who saw the posting alerted the judge.
Martinez said defendants deserve the loyalty and respect of their public defenders.
“When a lawyer broadcasts disparaging and humiliating words and pictures, it undermines the basic client relationship and it gives the appearance that he is not receiving a fair trial,” Martinez said.
Cintron Stern, 31, has been a lawyer since 2008, said the Herald, noting she could not be reached for comment.
Recalde will be given a new attorney and a new trial date.