Coral Gables spying major keeps her job, maxes pension

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Coral Gables Commissioners sided with the city manager instead of the police chief on Tuesday when they supported a “separation agreement” that allows a police major who spied on a resident at a public meeting last year to retire from the department with her full pension in November rather than be fired outright.

And, in the process, they swept something under the rug that could have implicated the city manager’s office in more widespread spying on activist residents, selected employees and maybe even commissioners.

Because Maj. Theresa Molina –caught taking cellphone pictures of a resident’s text messages during a city commission meeting in September — wasn’t taking those pictures for herself. Let there be no mistake about that. Yet the investigation and Tuesday’s discussion did not go in the direction that it should have — which is up and into the city manager’s office.

That is why Molina has been, basically, protected from any real punishent this whole time, rewarded with the maximum pension benefits and, literally, paid — to keep her mouth shut. To keep the inquiry from moving up.

Read related story: Coral Gables cover up on police ‘spy’ protects managers

Molina has been suspended with pay since, earning her six figure salary the whole time she is, supposedly, sitting at home catching up on the Food Network shows (more than $90,000 on suspension). The decision by the commission Tuesday to support the city manager’s recommendation means Molina gets to stay on through November to reach the minimum threshhold necessary to apply the rule of 70 that allows her to retire with $500 more a month.

So, basically, rather than discipline her for spying on Maria Cruz (photographed left), who, by the way, was texting commissioners Vince Lago and Frank Quesada so she could be recognized and speak about the police shortages, City Manager Cathy Swanson-Rivenbark has rewarded Molina. Make no mistake about that. Molina was rewarded for her work, being a good spy — which is precisely what she was doing on September 28 last year and what should have been, what should still be, investigated.

It wasn’t a mistake. Molina didn’t suspect a Sunshine Law violation. It was a public meeting. Maria Cruz is not an elected official. She’s an active old lady resident with a legitimiate gripe about police shortages. Which is precisely why Molina was spying on her. Part of the investigation that did not get discussed Tuesday was the testimony from Maj. Raul Pedroso and Molina herself, which seem to contradict everything Swanson-Rivenbark said on the dais.

Pedroso, for example, indicates that there had been prior conversations between Molina, himself and Assistant City Manager Frank Fernandez, the director of public safety, about suspicious conversations and texting taking place in secret between some commissioners and some residents or employees of the police department. Apparently, from Pedroso’s testimony to the Internal Affairs investigator, these three sore losers have been talking about this “conspiracy” since Police Chief Ed Hudak was named interim chief instead of one of them.

“Maj. Molina, she was witness [to] what, what we have suspected,” Pedroso said in his sworn statement. “Which that these are the types of communications that are happening, that don’t appear to be the way that’s intended to in an open government.”

So, basically, they suspected that Maria Cruz was communicating with commissioners and Molina was getting proof for them.

Read related story: Gables Police major suspended for spying on resident

Ladra finds it curious that the mayor and certain commissioners had the time to bring up the sins of policemen past — which Swanson wisely listed on her report so she could change the narrative (it is a classic crisis management tactic and it worked somewhat) and justify her slap on Molina’s wrist — but they didn’t talk about the testimony that seems to indicate that what happened September 28 was not an isolated incident of rudeness but, rather, officially sanctioned government spying.

Molina didn’t take one photograph. She took six. Maybe as many as eight, because two were erased. Too blurry, she said in her sworn statement. She took the photographs from behind Maria Cruz’s shoulder, without her knowledge, in a sneaky and undercover fashion. She admits to going into investigative mode. She had to zoom in on them to see what was being said. She said she could read the messages were for Lago and she knew it was about the police shortages and about Maria Cruz wanting to speak but said she thought the resident was circumventing the rules. Maria Cruz was actually alerted by another witness in the commission chambers who thought the major was acting suspiciously. Molina, in her testimony, said she was just gathering evidence to report something she believed was a violation of the Sunshine Law.

But Molina didn’t then go and tell the police chief that a Sunshine Law had been violated. She didn’t take it to the city attorney who was right there. No, instead, Molina immediately showed the photos to Fernandez. Did he tell her to erase them because she had violated someone’s rights? No, he told her to show them to the city manager. And Swanson-Rivenbark says she told the major right away that what she had done was wrong.  “When she spoke to me as we went to the ribbon cutting for the NSA vehicles… I immediately said to her ‘It’s her right to text the commissioners.'”

And yet, Molina says in her own testimony that she didn’t realize she had done anything wrong until City Attorney Craig Leen told her once the commission meeting resumed after the NSA photo opp that residents could text commissioners any time they wanted. Wait, didn’t Cathy tell her just five minutes earlier or not? Probably not.

And Molina didn’t know it was wrong to photograph the communication of someone who is not under investigation? Are you kidding me? It’s unlikely the city would accept that as a legitimate excuse from a 23 veteran who once was considered for police chief — if it weren’t also convenient. Because this allows the city manager and her right hand man to move past this ugly little chapter without anyone having to know how involved they were in the spying.

Read related story: City uses legal muscle to gag Coral Gables activist

And also so they can keep it up. In recent days, Ladra has heard of other possible incidents in which Fernandez and his cronies have been reportedly reading other people’s emails and eavesdropping on conversations. He allegedly asked staff in Information Technology if they can find out who got blind copied on a critical email sent by Maria Cruz, who said Tuesday that she felt like she was in Castro’s Cuba again.

“Fidel Castro took over Cuba when I was 12 years old. Twelve. And I saw many injustices. Ms. Molina’s actions toward me took me back 60 years,” Cruz told commissioners when she begged them to terminate the major.

“Please, please send a clear message to anyone that in Coral Gables, no police offcer is above the law.”

The problem in this situation, however, is that those above the police officer are complicit.

  Cathy Swanson-Rivenbark, Coral Gables Police, Frank Fernandez, Vince Lago