George Pino’s boat-crash case will proceed to a jury next week, judge rules
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The investigation into 2022 boat crash that killed a high school student
On Sept. 4, 2022, a boat operated by real estate broker George Pino crashed in Biscayne Bay, killing 17-year-old Lucy Fernandez.
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The trial of Doral real estate broker George Pino — who crashed his boat into a channel marker, killing a teen girl in 2022 — will move forward after a Miami-Dade judge on Thursday denied Pino’s bid to dismiss the case.
Miami-Dade County Circuit Court Judge Marisa Tinkler Mendez said Pino’s trial will begin with jury selection on Monday afternoon. Pino, 54, is charged with manslaughter and vessel homicide in connection to the Sept. 4, 2022, crash, which killed 17-year-old Luciana “Lucy” Fernandez and left Katerina “Katy” Puig, now 21, with a lifetime of physical disabilities.
“At this point, I think there are issues for the jury in deciding credibility ... and applying the law as it exists to determine whether or not Mr. Pino’s conduct in this case rose to ... recklessness,” Tinkler Mendez said after issuing her ruling.
The judge’s decision came on the second day of a hearing during which she heard several 11th-hour motions to exclude key evidence from Pino’s upcoming trial.
Judge issues first round of rulings
On Thursday, the judge ruled to allow jurors to view and inspect the boat, which is stored at the FWC’s headquarters. Prosecutor Laura Adams argued that jurors should see the vessel in person so they could appreciate its size when they consider how Pino operated the boat leading up to the crash.
The judge also said prosecutors can show the jury a limited amount of photos from Lucy’s autopsy when someone from the Miami-Dade Medical Examiner’s Office testifies about Lucy’s death. The judge granted the defense’s request to shield jurors from seeing body camera footage of first responders performing life-saving measures on Lucy.
READ MORE: Attorneys spar over George Pino boat crash as defense seeks to dismiss case
Judge Tinkler Mendez said she will limit the extent to which prosecutors can mention the two other girls who were injured in the crash: Puig, who is still regaining basic motor skills, and Isabella Rodriguez, who suffered a brain bleed but has recovered.
During the hearing, attorney Jeanelle Gomez argued that mentioning the girls’ injuries would inflame the jury. Adams, however, said the girls’ injuries were relevant because they relate to Pino’s reckless conduct — and the risk that someone was going to die or be hurt.
The judge also denied Pino’s bid to move the trial to Palm Beach or Orlando because of the amount of media coverage that the case has received. However, Tinkler Mendez said she will revisit the defense’s ask if there are issues selecting a jury.
Could alcohol-related evidence be tossed?
In court, Gomez said references to the 61 empty or partially empty bottles and cans of alcohol found on Pino’s boat can lead to “an improper inference of guilt.” She also said any evidence that the girls were drinking on the day of the crash should also be kept out of the trial. In a deposition, one of the 12 girls on the boat said “everyone was drinking a lot” and throwing away the containers on Pino’s boat.
“Mr. Pino putting a cooler of alcohol on a boat does not equal Mr. Pino handing a beer to a minor,” Gomez argued, adding that jurors would unfairly judge Pino for his parenting decisions.
Adams argued that the alcohol on the boat was a factor that the jury should be able to consider because Pino had a “heightened level” of responsibility because there were intoxicated minors on his boat. Several girls on the boat testified that the Pinos gave them alcoholic drinks, according to the prosecutor.
“It’s consistent with that was going on at the sandbar, which is the precursor to this fatal crash,” Adams said. “This was the functional equivalent of a candy bowl. Having a cooler full of alcohol the girls could access. ...You cannot splice out that alcohol was a huge factor in what was going on.”
The judge did not rule on the requests during the hearing.
The defense was also seeking to stop prosecutors from introducing testimony that Pino had bloodshot eyes and smelled of alcohol after the crash. Adams said she was not going to call any witnesses who would testify that Pino exhibited signs of being impaired.
In a deposition, FWC Officer Julien Gazzola said Pino smelled of alcohol, had bloodshot eyes and appeared to be disoriented and have a “flustered demeanor.” Firefighter Matthew Smiley testified in his deposition that he smelled “alcohol on [Pino’s] breath when he talked to me” and that Pino’s eyes were a “little bloodshot.” However, Smiley testified that Pino’s eyes might have been bloodshot for other reasons, including that he might have gotten saltwater in his eyes.
Adams’ statement during the hearing indicates she does not plan on calling Gazzola or Smiley to the stand.
Pino’s statements to FWC investigator
The defense argued that Pino’s statements to the lead FWC investigator, Lt. William Thompson, about another boat coming at him and throwing a wake, causing him to crash, should be off-limits during the trial. Pino repeated that account since the night of the crash.
Pino’s lawyers now say Pino should have been read his rights before he was questioned by Thompson. And, they are also now claiming Pino suffered a head injury that day and that it might have caused him to remember events incorrectly.
Adams, however, said Pino first told Thompson about the other boat being the cause of the crash without being prompted by the officer.
When Pino arrived at Elliott Key, where first responders took him and the passengers after the crash, Thompson asked Pino if the 29-foot Robalo vessel was his. Thompson did not ask what led to the crash. But, in response to that question, Pino began telling Thompson about the other boat being the reason he crashed, the officer testified.
Adams also brought up sworn written statements that Pino and his wife gave attorneys during proceedings in a civil lawsuit brought by Puig’s parents. In those statements, the Pinos say the other boat was the cause of the crash. Pino’s lawyers also want those statements thrown out.
On Thursday, Cecilia Pino testified that she and her husband made the statements without the influence of Thompson or their attorney. But, she also said she did not see what happened right before her husband crashed.
Adams asked Cecilia Pino if she was drinking the day of the crash, and she replied that she was. She said she didn’t know whether her husband was drinking.
At the hearing, Thompson testified that Pino was the subject of the crash investigation from the beginning because he was the operator of the vessel. The investigator said that at the time Pino was questioned, he was not considered a suspect in a criminal investigation.
Pino’s attorneys argued otherwise, saying he was not free to leave Elliott Key while Thompson questioned him.
Adams countered that Pino was not able to leave only because he was on an island waiting to be taken to Black Point Marina while Thompson gathered information about the crash. And Pino was not the only person on Elliott Key; several of the girls on his boat were also there, waiting to be taken back to the mainland.
The defense is also seeking to keep out a written statement that Pino gave to Thompson that night, again stating another boat caused him to crash into the channel marker.
Tinkler Mendez is expected to rule on the statements Monday morning.
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