‘Don’t want to send you to prison.’ Miami judge delays ex-commissioner’s sentencing

Former Miami-Dade County Commission Chairman Joe Martinez was given a reprieve Thursday during sentencing at his public corruption trial when the judge practically begged his defense team for legal help in trying to keep the former public servant out of prison.

After six hours of highly-emotional testimony, Miami-Dade Circuit Court Judge Miguel de la O told state prosecutors and defense attorneys he was giving them three more weeks to provide the court with legal arguments for and against incarcerating Martinez. He said he would sentence the former commissioner on Sept. 15.

“I am not taking Mr. Martinez into custody,” de la O said, addressing Martinez as he stood next to attorney Ben Kuehne at the close of Thursday’s hearing. “But the fact that I want downward departure doesn’t mean I can. If I can do it legally, I will. I don’t want to send you to prison.”

Martinez, convicted of two counts of public corruption in November, is facing between 34 1/2 months and 20 years in prison. The state recommended the least amount of time under state law. Defense attorneys argued Martinez’s clean record, four decades of public service and heroic acts are enough to satisfy the conditions to lessen his term, even send him home.

Martinez, 66, parlayed a decorated law enforcement career into five terms at the highest levels of Miami-Dade County government, spending two of those terms as the powerful chairman of the 13-member board. He was found guilty in November of accepting $15,000 in exchange for backing legislation to permit a West Kendall store owner much-needed refrigerated containers outside his West Kendall Extra Supermarket.

The sticking point Thursday from the state’s perspective was that Martinez refused to admit remorse, a legal term under state law that can be used along with other factors to lessen time spent behind bars. Martinez has said in court filings and in public that he regrets not listing the payments as gifts or in a timely manner, but he’s never admitted to committing a crime.

De la O’s courtroom was packed with Martinez supporters Thursday — family, friends and mostly retired Miami-Dade police officers — who had expected the judge to rule. Many in attendance, including Martinez’s wife Ana and their two daughters, spoke.

Several speakers had to take a moment to contain themselves, their voices breaking and tears streaming. Sobs and crying were audible from people seated in the packed benches. Martinez was clearly pained as immediate family members took to the podium.

“He’s an honest man,” said daughter Joana Martinez, looking toward the defense table. “I love you pop. My dad is no threat to the community. I need him around. He makes people better.”

Former Doral Police Chief Ricky Gomez openly wept through as he sung Martinez’s praises, recalling his former co-worker at Miami-Dade Police helping his family while his wife dealt with a cerebral hemmoraghe about two decades ago.

“This man is a collection of good deeds,” Gomez told the judge. “It breaks my heart because I know he’s a good man. Incarceration will not do anything. It’s already ruined his career.”

A long, slow fall

Martinez’s downfall was anything but swift. He was arrested on charges of unlawful compensation and conspiracy to commit unlawful compensation in August 2022 — five years after an investigator from the county’s Office of Inspector General first questioned him about money the commissioner received from a constituent.

A month after his arrest, Florida Gov. Ron DeSantis suspended him from office — effectively putting an end to almost four decades of public service.

After years of delays, Martinez finally went to trial last November and was found guilty of of 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 the large refrigerated containers at the West Kendall mall.

That the legislation was never voted on didn’t matter. The law is based on intent. Lead prosecutor and Miami-Dade Assistant State Attorney Tim VanderGiesen told jurors Martinez was so desperate for money that he also 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 contract, was never paid. He recused himself just prior to the vote as investigators honed in on the plot, the state told jurors.

And finally in May, Martinez’s final attempt to clear his name was denied by de la O, who said jurors were not misled by state prosecutors and there would be no new trial.

Martinez began his policing career patroling the streets of West Kendall. He rose to lieutenant, working with civic groups and gaining recognition and awards during his almos two decades of service. When that ended in the late 1990s, he became a County Hall mainstay, serving more than four terms in office — two of them as the powerful chair of the County Commission.

His popularity soared as he provided his West Kendall constituents with food from Farm Share, held Crime Watch meetings and later hosted movie nights outdoors in his district.

‘He’s been punished’

Martinez chose not speak about his case Thursday, only standing momentarily at the dais next to his attorney as the judge explained the nuances involved should he have chosen to speak. And with the burden of sentencing on the defense, Miami-Dade Assistant State Attorney William Gonzalez spent little time at the dais, only briefly explaining to de la O why Martinez should spend almost three years in prison.

Kuehne argued that Martinez deserved his freedom because he had led an “unusual” and “exceptional” life that was filled with heroism, like the time he ran into a burning building to save people, or when he confronted a narco who had pulled a gun on his partner in the late 1980s.

“He’s convicted. He’s been punished,” said Kuehne. “He’s not getting away with anything.”

When Martinez’s wife of 29 years, Ana, took to the podium, the room hushed. She said Martinez’s entire being is his willingness to help people. She said her husband was the person anyone would want beside them if someone needed help or was in danger.

“I see it everywhere he goes. He helps people,” she said. “I beg you, please, please don’t take him from me, he’s not just my husband, he’s my safe space.”

This story was originally published August 7, 2025 at 7:18 PM.