Officer says he pushed her and caused a hip injury
Miami Commissioner Alex Diaz de la Portilla used his position and power to shoo a code compliance inspector away from an illegal nightclub in Allapattah that was cited for several code violations.
Suzann Nicholson, a night supervisor for the city, has accused the commissioner of poking and pushing her that Sunday in February, shortly after the midnight COVID curfew. She has hired an attorney and has filed a workman’s compensation claim for a hip injury allegedly caused when she lost her footing at ADLP’s prodding.
Body cam footage from two of the officers who were there during the routine joint inspection operation for COVID compliance and other violations do not show Diaz de la Portilla pushing or poking anyone. But that doesn’t prove it didn’t happen.
Police officers accompany code compliance on these planned sweeps and it looks like there were two other police officers at the abandoned warehouse, 772 NW 22nd St., for this operation Feb. 21. You can see them in the videos. Some insiders say there are two body cam videos that haven’t been released yet. One of those may have captured the alleged confrontation. Alas, Ladra suspects there will be “technical problems” with that video.
The footage that was released could have been edited. There are times the audio cuts out and you have images but can’t hear what’s being said in the background. And it may have been released to the commissioner before it was released to the news outlets asking for it.
Read related: Alex Diaz de la Portilla got caught at illegal bar, confronted code officer
The videos were emailed to some news reporters between 2 a.m. and 3 a.m. Friday. Some of us thought it was leaked and not released through official police channels. A Miami Police spokesman that Ladra spoke to did not send it or seem to know it had been sent. Some news outlets got an edited portion of the 28 minutes of footage. It almost seems as if it was released by the commissioner and or his attorney, who is now threatening to sue every journalist covering the story (more on that later) because the shoving isn’t on camera, which again, means nada.
Diaz de la Portilla and his attorney, Ben Kuehne — wait a minute… isn’t that Commissioner Joe Carollo‘s attorney? Hmmmm — insist that the commissioner never pushed the inspector. The video seems very, very important to them because of what we can’t see.
That turns the incident into a she said/he said situation. And Nicholson is a stellar employee who everyone knows is a dedicated hard worker and by the book. While ADLP’s credibility is shit.
And what we can see for sure in the footage that everyone got is that a security guard or bouncer went to get the commissioner when Nicholson arrived and asked to speak to someone in charge. He seems to have specifically sought Diaz de la Portilla out. He walks off camera and we can hear that person say “la policía está aquí.”
The next thing we see and hear is ADLP behind the VIP barricades. He introduces himself to the cops and Nicholson with an outstretched hand. It’s not lost on the code inspector that she had asked for whoever was in charge and he arrives all official like.
“So, this is Alex Diaz de la Portilla. He’s with the city. So I guess he’s representing the face of the city with the unlicensed activities,” Nicholson says to the cameras.
No, no, no, no, no, ADLP tells her, vehemently.
“Nobody is representing the city,” he says, then asks for her card. She doesn’t have one and points to the name on her shirt.
Read related: Alex Diaz de la Portilla is investigated on ghost employee at Omni CRA
“Ma’am, ma’am, ma’am, ma’am, ma’am,” he tells her, getting visibly agitated. “Nobody is representing the face of the city. All right? You came in here, with code compliance. I know what code enforcement is, because I’m a commissioner. Alright?
“So if you have a reason to shut it down, shut it down. But please don’t tell me I’m representing anyone. Don’t make an assertion that’s not factual.”
That’s true. He doesn’t even represent the residents of District 1.
Then Diaz de la Portilla tries to get rid of the city task force so the party with the half-naked women can go on. “You do what the law requires and we’ll deal with it after the fact,” he says. After the fact? “Do what you need to and leave. Please. Thank you.”
She gets on her cellphone and ADLP turns to one of the police officers and, in Spanish, says, “She’s a little bit arrogant without reason.”
She’s arrogant?
Later, Diaz de la Portilla tells Nicholson to “walk away.” Yeah, it sounded just like that.
“If you could just walk away, please. I will call the city manager in the morning. So I need you to walk away now. Thank you,” Diaz de la Portilla said, noticeably irritated that the party was getting cut short.
City Manager Art Noriega told Ladra Saturday that the commissioner never called him.
“He never spoke to me. No reason he would have,” Noriega texted after ignoring calls and texts for two days. “The event was justifiably closed. Had no permit to operate.”
According to Nicholson’s email to her boss, Assistant Code Compliance Director Eric Nemons, they also did not have a certificate of use, a business tax receipt, a license to sell alcohol, a secondary exit or sprinklers in case of a fire. The recordings capture what looks like more than 100 people milling about, mostly without masks, with loud music playing, a food truck and at least one bar, sponsored by Cavoda Vodka.
The company may or may not have thought it was a city event. Wonder if they paid for the exposure.
Read related: Miami city commissioners point fingers at each other amid expanding scandals
Twice on video, there are conversations with the man who received the citations and took responsibility, who happens to be Miami-Dade Police Det. Karel Rosario, who was fired and then sentenced to 366 days for stealing a very expensive watch during a raid on a house. He was running the illegal nightclub at this location. Ladra wonders how long it went on.
Rosario got very defensive of the commissioner when Nicholson started to bait him with the official face of the city line. “No, no, no, no. It’s me! We’re shutting down. It’s me! It’s me,” Rosario told her so she’d back off ADLP.
Later in the recording, the man identified by sources as Rosario asks the officers about the legality of them just busting in and taking photos and video.
“I’m just asking on my experience,” he said. Wonder if he’s talking about his experience as a cop — before he was fired and found guilty.
Then he says, “This is a fucking…” and his voice trailed off. The police officer said “Say what?” And the bald guy said, “No, nothing. Whatever.
“It is what it is.”
Ladra couldn’t have said it better.
It is what it is: City Commissioner Alex Diaz de la Portilla, living it up at an illegal, unlicensed nightclub, interfering with code compliance and telling them to “walk away” so he can keep partying.
Whether he pushed Nicholson or not is just gravy.
For a 15-minute, edited version of one body cam video, visit Ladra’s page on YouTube. It had to be edited because it was too long to upload. Ladra will try to upload the other part where he tells Nicholson to “walk away.”
Body cam video shows ADLP at illegal club; tells code inspector to ‘Walk away’ added by Ladra on
View all posts by Ladra →
