Combative Carollo denies targeting businesses. Witnesses against him ‘all have gripes’
Miami Commissioner Joe Carollo finally got a chance to defend himself against allegations that he mounted a political retaliation campaign to punish two Little Havana business partners — and it didn’t take long for him to live up to his famously combative reputation.
U.S. District Judge Rodney Smith cut off Carollo more than a half dozen times as the commissioner went on tangents while being grilled by Jeff Gutchess, an attorney representing William Fuller and Martin Pinilla. Their civil lawsuit claims Carollo “weaponized” code enforcement and police against their establishments after they backed another candidate.
In one particularly fiery exchange before the lunch break on Monday, Carollo bristled at a question that injected the issue of racism into already tense proceedings. It was about a mural in Little Havana showing a group of Afro-Cubans, which three members of his staff had testified earlier in the trial that the commissioner thought was “scary.”
“For you guys to try and accuse me of something like that, shame on you,” Carollo told Gutchess, who then asked him why three former staffers would lie about the commissioner’s words.
“Because they all have gripes,” replied Carollo.
Monday marked the start of the fourth week of Carollo’s federal trial at the Wilkie D. Ferguson Federal Courthouse in Miami. The trial has high stakes, both political and financial, for the long-time commissioner. The business partners are seeking $2.5 million as well as potential punitive damages for what their lawsuit argues are violations of their First Amendment Rights.
The men claim Carollo pressured code enforcement and police to try and harm their businesses, including the iconic nightclub Ball & Chain, in the Calle Ocho business corridor. A string of witnesses — including three former police chiefs, several aides and a former city manager — have all testified about Carollo pressing for action, from late-night stakeouts to attempts to pull liquor licenses. The lawsuit says the harassment campaign began shortly after they announced support for Carollo’s political opponent, Alfonso “Alfie” Leon, in a runoff election he lost to the commissioner in 2017.
Carollo’s defense team has previously argued that the businesses had not done enough to correct code problems at aging buildings and that the commissioner was acting properly to protect residents.
The trial has had a number of unusual twists. It began April 10 in federal court in Fort Lauderdale, then was quickly moved to Miami after historic rains caused flood damage. That seemed to be a harbinger of things to come. The next week, one former police chief reported being tailed by private detectives from court to a Coral Gables restaurant and a former Carollo secretary claimed the commissioner forced her to lied about sexual harassment from two of his former aides.
Read More: Carollo ‘relentless’ in campaign to shut down Calle Ocho business, attorney tells jurors
Carollo’s attorney also have request mistrials, one based on allegations that a business partner of the plaintiff had spoken to a juror in a parking garage. They’ were also admonished by last week when the commissioner was a no-show in court for the first time — on a day he was expected to testify. He said he fell ill with asthma.
On Monday, as Carollo took the stand for the first time, the questioning was tension-filled from the start. When Gutchess opined that Carollo had a hard time telling the truth, despite being obligated to do so under the penalty of perjury, the commissioner replied quickly.
“I’m here to say the truth, the whole truth,” Carollo told jurors.
Gutchess asked Carollo about previous testimony that he had he instructed former office liaison Steve Miro and office administrator Tanjha Quintana to lie on depositions.
“That’s absolutely not true. That’s ridiculous,” Carollo told jurors.
Next, Gutchess insinuated Carollo was being hypocritical claiming the city doesn’t target businesses with code enforcement, because he had earlier said that former City Manager Emilio Gonzalez had used code enforcement to “target” Carollo’s private residence in Coconut Grove for not having proper permits for construction and carports.
“Mr Gutchess, I know it’s a trick question. The city does not target. This is Emilio Gonzalez having a personal vendetta against me,” Carollo said.
Carollo was expected to continue his testimony after lunch Monday. The plaintiffs are expected to rest their case early this week.
This story was originally published May 1, 2023 at 2:26 PM.
