A request to change venues was denied; the trial will be in Fort Lauderdale
As the federal first amendment case against Miami Commissioner Joe Carollo approaches, Carollo asked the U.S. Southern District Court to move the jury trial to Miami from Fort Lauderdale. A U.S. District Judge said no.
¡Pero por supuesto! Carollo does not want to face a jury in Broward County, where he can’t intimidate or fool people like he does in Miami.
Because there are so many, let’s clarify: This is the federal lawsuit filed in October 2018, by Bill Fuller and Martin Pinilla, owners of Barlington Group, which owns several properties in Little Havana. Fuller also owns the Ball & Chain iconic bar on Calle Ocho. They claim that Carollo violated their right to freedom of speech “by using the power and influence of his government office to engage in a campaign of harassment, retribution and retaliation.
Read related: Joe Carollo sued for violating free speech of Little Havana businesses
“Carollos’s actions, designed to destroy plaintiff’s businesses and reputation, is pure political payback — targeting plaintiffs simply because they dared to support Carollo’s opponent in a run-off election and because they filed an Ethics Complaint against Carollo,” the original motion says.
They are seeking $2.5 million in punitive damages.
“All of the parties reside in Miami-Dade County. All of the witnesses are located in Miami-Dade County,” the motion filed by Carollo’s attorneys over the weekend says. “Many of the trial witnesses are officials and employees of the City of Miami and Miami-Dade County. All counsel are located in Miami-Dade County.”
Well, maybe they can carpool.
U.S. Judge Rodney Smith denied the request Monday because it was untimely (read: too late). In other words, it was yet another Pollo Carollo ploy to delay.
That was what Fuller and Pinilla’s attorney, Jeffrey Gutchess, argued in his response, also filed earlier Monday. Didn’t take the judge too long to decide, did it?
Gutchess reminded the court that U.S. District Judge Federico Moreno reassigned the case to the then-newly appointed Judge Smith based on the random selection system established by the Court’s Internal Operating Procedures. In other words, it happens all the time. Ask any lawyer.
Read related: Ball & Chain to reopen after years of city harassment by Joe Carollo’s hand
“Over three years later, Defendant now seeks to transfer the matter back to the Miami Division after the deadline for filing pretrial motions, less than three weeks before trial,” Gutchess writes in his response, which also brings up the potential pool of jurors.
“The time for requesting a transfer of the proceedings from Fort Lauderdale to Miami has long since passed, and the interests of justice would militate against granting a timely filed motion to transfer this case into the same city where the defendant is currently serving as a commissioner, which will prolong and complicate the jury selection process and potentially compromise the fairness of trial.”
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Gutchess brings up a 2012 case against the Sheriff of Okeechobee County, which was also reassigned to Fort Lauderdale, in which the court denied the change of venue because it came eight months after the cause was initiated.
“Here, of course, Defendant’s delay was not merely eight months, but rather persisted for nearly four years, until the very last possible moment approximately three weeks before the start of trial,” Gutchess wrote in his motion on behalf of Fuller and Pinilla. “Of course, the deadline for filing pretrial motions under this Court’s Scheduling Order passed weeks before Defendant filed his motion, which would be reason enough to deny it.”
Apparently, Judge Smith agreed. So the trial will now be at the U.S. Federal Building and Courthouse in Fort Lauderdale. That’s East Broward Boulevard, baby! That has to have Carollo freaking out!
Think about it. The cowboys from Davie and pass-for-white Hispanics from Pembroke Pines, the gays from Wilton Manors and the Jews from Hollywood and Hallandale Beach are not going to swallow Carollo’s crazy antics about the plaintiffs being communists or chavistas or whatever.
Also, they put up with less abuse of power in Broward. They have some. But less.
Read related: Miami’s Joe Carollo cancels Ball & Chain lawsuit deposition for 4th time
Plus, it’s just part of Carollo’s M.O. to delay, delay, delay. He knows he’s going to lose this case and make a historic precedent. He twice appealed the rejection of his immunity claim because he was not working in his capacity as a city commissioner when he stalked the businessmen suing him and weaponized the city’s code enforcement department to shut their businesses down. That is not in a city commissioner’s job description.
In January, Carollo cancelled his deposition for the fourth time because he had a tummy ache. Earlier this month, the judge denied a motion by Carollo’s attorneys to continue and a motion for a 90 day continuance.
And how much are city taxpayers paying for these Carollo attorneys to lose motions and miss deadlines?
Carollo’s attorneys are Mason Portnoy — who works at the same law firm as the commissioners preferred District 2 candidate Martin Zilber — Ben Kuehne and former Commissioner Marc Sarnoff, who also backed Zilber.
Wonder who Ladra can hitch a ride with to Fort Lauderdale. The trial is set to begin April 10.
“We have waited five long years to finally have an opportunity to tell our story,” Fuller told Ladra Monday after a judge denied the change of venue. “The other side has sought delay after delay in the legal process, and during this time has intensified their harassment of our businesses. We feel confident a jury of our peers will see the truth through all of the lies.”
Joe Carollo wants $2.5 mil federal jury trial in Miami; ‘too bad’ says U.S. judge added by Ladra on
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