Ex Miami-Dade Commissioner Joe Martinez cries, prays — maybe walks

Judge seeks legal loophole to let ‘public servant’ off
It was standing room only in Judge Miguel de la O’s courtroom Thursday, and not because people love watching former politicians get sentenced. No, this was a full-fledged cry-in for former Miami-Dade Commissioner Joe Martinez, who was at a sentencing hearing for his conviction last year on public corruption charges he has always maintained were politically motivated.
Martinez, 66, is facing a maximum sentence of 20 years in prison, by state guidelines. The state attorney’s office, feeling generous, has asked for the minimum, which is almost three years. Attorneys for Martinez want a downward departure with no formal conviction and no time behind bars.
The ex commissioner’s family and a parade of supporters — including State Rep. Omar Blanco, Miami-Dade Commissioner Keon Hardemon, former Miami-Dade budget director Jennifer Moon, Kendall activist Michael Rosenberg and numerous police officers (Martinez was a cop before he was an elected) — provided emotional testimony to try keep him out of prison,
And it just might work.
Read related: Joe Martinez suspended hours before final budget hearing; no replacement
Judge de la O did something rarely seen in courtrooms: he openly admitted he didn’t want to send the defendant to prison. But — and it’s a big legal but — he’s not sure he’s allowed to be that soft.
“I am not taking Mr. Martinez into custody,” de la O is quoted as saying in the Miami Herald, practically pleading with attorneys on both sides to help him find a legal off-ramp. “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.”
So, instead of throwing the book, de la O — honored in by The Florida Bar with the William M. Hoeveler Judicial Professionalism Award for his outstanding service, “strength of character, competence, commitment and civility as a jurist, lawyer and public servant” — punted sentencing to Sept. 15, giving both the prosecution and the defense three more weeks an homework: Come up with case law to support or oppose leniency.
Martinez was convicted last November of accepting $15,000 in what prosecutors said was a pay-to-play scheme in which he got paid to write legislation that would allow more refrigerated containers outside a West Kendall supermarket. It was never voted on. But that still counts as a crime because the law is about intent, prosecutors argued, and the jury agreed.
Tears, uniforms, and character witnesses
Martinez didn’t speak at the sentencing, which may have been smart, since the state’s beef is that he still hasn’t shown any remorse. And they don’t like that. He still says he’s innocent of any wrongdoing and is fighting the guilty verdict.
But his wife, his daughter and old police buddies did plenty of talking — and sobbing — for him. Some grown men, like former Doral Police Chief Ricky Gomez, openly wept while describing Martinez as a “collection of good deeds.
“Incarceration will not do anything,” Gomez told the judge.”It’s already ruined his career.”
Blanco also pleaded with the judge for compassion. He later told Ladra that he knew about the hearing and decided to stop out of loyalty. Martinez didn’t ask him to, he said.
Read related: Joe Martinez claims public corruption charge is really a political hatchet job
“The guy was always here for me and my firefighters when we needed him,” said Blanco, who was the president of the Miami-Dade chapter of the International Association of Firefighters. “I just felt like I had to be there as a character witness.”
Blanco talked about Martinez helping the fire department get much-needed life-saving equipment. “When it came to public safety, he understood. He never wavered,” Blanco told Political Cortadito. “My experience with him is that he’s always been about public service.”
The judge basically told the state rep that the legislature tied his hands and challenged him to change that.
Rosenberg, who co-founded the Pets’ Trust initiative and is the longtime president of the Kendall Federation of Homeowner Associations, lightened the mood with his particular municipal-minded humor. Rosenberg — who said the Pets’ Trust referendum “wouldn’t have happened without Joe” — had two suggestions for the judge to consider as sentences: Hundreds of hours of community service with animals, of course, or sentence him to be on the county commission again.
Except that second option might be cruel and unusual punishment.
But the most emotional pleas naturally came from Joe’s wife of 29 years, Ana — who tearily called Martinez her “safe space” and begged the court not to her husband — and his namesake daughter, Joana, who was practically hysterical and had to be comforted by her father. Almost everyone in the courtroom was crying.
“He’s an honest man,” said Joana Martinez, who was on The Voice Season 17 in 2019 and made it to the top 10 live show. “My dad is no threat to the community.”
She also directed herself to her father: “I love you pop.”
From Farm Share hero to convicted felon
Martinez had a long career in law enforcement, starting as a Kendall patrol officer, before becoming a five-term commissioner, including two stints as chair. He was known in West Kendall for hosting movie nights, Farm Share food drives, and Crime Watch meetings. He once ran into a burning building. Another time, he stared down a narco with a gun.
But none of that saved him from the trial, where prosecutors said Martinez was desperate for money in 2016 and 2017 — helping a supermarket owner push friendly legislation in exchange for three $5,000 payments.
Read related: State attorney: Joe Martinez broke our trust for $15,000, help with bank loan
The charges — unlawful compensation and conspiracy to commit unlawful compensation — came in 2022, five months after an Inspector General first raised red flags. Gov. Ron DeSantis suspended him a month later, and the case finally went to trial last fall. After he was convicted, he asked for a new trial and was denied. Now all that’s left is sentencing, which could be 34.5 months or 20 years.
Prosecutors are asking for the minimum. Martinez’s team, led by Ben Kuehne, wants house arrest or probation, arguing that his client’s “unusual and exceptional” life qualifies for mercy.
“He’s convicted. He’s been punished,” Kuehne said. “He’s not getting away with anything.”
But, isn’t he?
A different kind of injustice?
Ladra can’t help but note that ordinary people get jail time for far less. How many other convicted felons get a judge lobbying for leniency on their behalf from the bench?
And let’s be real: If Martinez had stolen diapers or food instead of the public trusts, he’d probably already be in a jumpsuit.
Yes, the tears were real. But so was the corruption.
For now, though, Martinez is still free. His fate hangs on whether a judge can legally do what his heart wants to do — let a powerful man with a track record of “good deeds” walk.
We’ll see in September.
The post Ex Miami-Dade Commissioner Joe Martinez cries, prays — maybe walks appeared first on Political Cortadito.

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