Convicted former Miami-Dade commissioner asks for new trial, says jurors were misled
An embattled former longtime public servant who was found guilty of public corruption in November is taking an unusual path to try to get his verdict overturned.
Last week, attorneys for the former five-term Miami-Dade County Commissioner Joe Martinez asked a judge for a new trial, saying defense attorneys and jurors were misled by state prosecutors who argued that Martinez created legislation in order to benefit a constituent.
READ MORE: Suspended Miami-Dade commissioner Martinez convicted of taking $15K to help constituent
Defense attorneys Kendall Coffey and Ben Kuehne told a judge that “creating legislation” takes a vote of the entire commission, something Martinez could not have done alone. They’re arguing that the term differs from drafting a document for commissioners to vote on — which is how it was explained to jurors and is one of the earliest stages of attempting to create legislation.
“It’s not the case tried before the court. It’s not the evidence given to the jury,” Kuehne said, referring to the creation of legislation. “We didn’t amass any evidence against it.”
Miami-Dade Assistant State Attorney Tim VanderGiesen told Miami-Dade Circuit Court Judge Miguel M. de la O there was no significant difference and that he “didn’t mean to change the game.” The attorneys are essentially asking the judge to become a seventh juror and be the lone holdout on the verdict.
The defense is also asking the judge to overturn the jury verdict and acquit Martinez based on insufficient evidence, a common tactic at the end of most trials.
de la O seemed skeptical of the defense argument in favor of a new trial, but said he’d rule on the motion by April 25. If it’s denied, the judge said he’d sentence Martinez on the same day.
Arrested in 2022; suspended by governor
Martinez, 66, who rose to one of the most powerful posts in Miami-Dade County as a two-time county commission chairman representing West Kendall, was arrested in August 2022, almost five years after investigators began their investigation. Florida Gov. Ron DeSantis suspended him a month later. Martinez’s decorated 17-year law enforcement career with Miami-Dade Police led to elected office.
At his November trial, Martinez was found guilty of unlawful compensation and conspiracy to commit unlawful compensation for accepting three $5,000 payments in 2016 and 2017 from Extra Supermarket owner Jorge Negrin. Prosecutors said in exchange for the payments, the former commissioner pushed legislation that would have permitted much-needed large refrigerated containers at the West Kendall mall at 12800 SW Eighth St.
That the legislation was never voted on didn’t matter. The law is based on intent. Just the act of conspiring to commit unlawful compensation is considered a crime.
Separately, VanderGiesen told jurors that Martinez was so desperate for money after several paychecks bounced that he helped his boss at a security firm try to get a bridge loan and to secure a $16 million contract with the county’s water and sewer department.
Martinez, who could have made tens of thousands of dollars through the water and sewer contract, was never paid. He recused himself from voting on the contract as investigators began to home in on the plot, the state told jurors.
This story was originally published March 19, 2025 at 2:23 PM.
