Ex-Miami-Dade commission chair denied new trial after convicted on corruption charges
One of the longest tenured elected leaders in Miami-Dade County history was denied a last-ditch effort to overturn a criminal conviction and is expected to be sentenced on political corruption charges in June.
Joe Martinez, a former decorated cop and five-time elected county commissioner from West Kendall who chaired the 13-member board twice during his almost 20 years in office, was found guilty of unlawful compensation and conspiracy to commit unlawful compensation at trial in November.
Jurors were told that Martinez, 66, accepted three $5,000 payments almost a decade ago from Extra Supermarket owner Jorge Negrin in exchange for pushing legislation that would have permitted much-needed refrigerated containers at a West Kendall mall at 12800 SW Eighth St.
READ MORE: Suspended Miami-Dade commissioner Martinez convicted of taking $15K to help constituent
In March, Martinez with the help of attorneys Ben Kuehne and Kendall Coffey, took an unusual path in trying to vacate his conviction: In addition to asking that the verdict be overturned for lack of evidence, they asked for a new trial, arguing that jurors were misled by state prosecutors.
The crux of their argument: The state claimed Martinez created the legislation that would have benefited his constituent. But a single commissioner can’t create legislation; it takes a vote by the majority of the entire board. Defense attorneys also argued they were misled and didn’t have time to defend their client properly because the state only referred to the term “create” after the trial began.
In his 22-page opinion issued Saturday, Miami-Dade Circuit Court Judge Miguel M. de la O said he was surprised by the jury’s March decision because the case was based primarily on “circumstantial” evidence. Still, the judge said he was unconvinced the state tried to alter its argument.
“The fallacy of this argument is that the creation of legislation is a process, it is not synonymous with passing or implementing legislation,” ” wrote de la O.
Kuehne said his client was “disappointed” with the judge’s decision, calling it “ripe for review by the appellate court.”
“We are confident that, when measured against his decades of honorable unblemished public service, the appellate court will find the prosecution’s speculative evidence does not prove any crime or wrongdoing,” Kuehne said.
Lead state prosecutor and Miami-Dade Assistant State Attorney Tim VanderGiesen chose not to comment.
Arrested after five-year investigation
Martinez was arrested in August 2022 after a five-year investigation. Florida Gov. Ron DeSantis suspended him a month later.
The five-term commissioner spent almost two decades with the Miami-Dade Sheriff’s Office — formerly known as Miami-Dade Police — rising to lieutenant. His law enforcement career propelled him to public office, where he became a popular mainstay, often hosting movie nights outdoors in his district.
In November, Martinez was found guilty of accepting three $5,000 payments in 2016 and 2017 from Negrin, the Extra Supermarket owner. Prosecutors said in exchange for the payments the former commissioner pushed legislation that would have permitted the large refrigerated containers at the West Kendall mall.
That the legislation was never voted on didn’t matter because the law is based on intent. So just the act of conspiring to commit unlawful compensation is considered a crime.
VanderGiesen also 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.
He’s expected to be sentenced on June 20.
This story was originally published May 12, 2025 at 10:31 AM.
