Attempt to remove judge in suspended Miami-Dade commissioner’s corruption trial denied
A motion by defense attorneys to have the judge tossed in the public corruption trial of a suspended Miami-Dade commissioner was denied by the state’s 3rd District Court of Appeal.
In a brief, single paragraph opinion late last week, the three-member appellate court panel called the motion by attorneys representing Joe Martinez, “legally insufficient.”
Still, the legal procedure by the defense could set the trial back several months — or it could begin as soon as May 2. The earlier start date is dependent on a plea agreement that could halt an upcoming trial.
Almost three weeks ago, Martinez’s attorneys pushed for the removal of Miami-Dade Circuit Court Judge Lody Jean after she called Martinez to the bench over expressions and movements from the defendant as he sat with his attorneys during a hearing with no jurors present, which was noted in the 3rd DCA’s opinion. Jean spent the next minute calmly explaining to Martinez how he should avoid taking similar actions before jurors who could interpret his movements inaccurately.
At the time, the trial was under way, with defense lawyers and prosecutors questioning potential jurors. But the jury pool was sent home by Jean, who told them at the time that they may — or may not — be needed again.
On Friday, when the appellate court released its opinion, the circuit court agreed to retire the jury pool and allow the two sides to begin picking new jurors when the trial resumes.
Martinez, 66, is facing single counts of unlawful compensation and conspiracy to commit unlawful compensation for allegedly collecting $15,000 from a shopkeeper in his West Kendall district, in exchange for sponsoring a law that would have benefited the owner of the shopping plaza.
The crime was allegedly committed in 2016, just after Martinez had won a new term in office. The charges could land Martinez in prison for as many as 20 years. Gov. Ron DeSantis suspended Martinez from office after his August 2022 arrest on felony charges.
Despite his legal troubles, Martinez teased a possible run for Miami-Dade County sheriff in November, if he’s found not guilty.
Martinez was suspended from office during his fifth term. He parlayed a 17-year law enforcement career into three consecutive four-year terms as a commissioner beginning in 2000. Out of office for four years beginning in 2012, he regained the commission seat in 2016 and won again in 2020.
