Attorney says the city should also be liable because of its role in abuse
They said it was not about the money, but the businessmen who sued Miami Commissioner Joe Carollo for violating their first amendment rights and the attorneys who won them a jury award of $63.5 million on Thursday are going to go after his assets.
“We’re going to collect the judgement,” said Jeff Gutchess, one of the attorneys representing Bill Fuller and Martin Pinilla, who argued that Carollo abused his power to retaliate against them and their tenants because a political opponent had a fundraising event at Ball and Chain, one of the targeted businesses.
“We’re going to collect everything he has,” Gutchess said.
Read related: Jury says Miami’s Joe Carollo abused power to violate 1st Amendment rights
That might not be much.
They can garnish his wages. But Carollo’s $58,000-a-year as a commissioner and whatever he makes at the Robert Rodriguez law firm — listed as a source of income on his 2021 financial disclosure — surely won’t be enough to pay that award in even 100 years. He also claimed to have $100,000 in his bank account, but liabilities around $279,000.
His $1.6 million Coconut Grove home may be up for grabs, too. You know, the one the commission specifically carved into District 3 during redistricting so he wouldn’t lose it when he lost this trial — because he saw this coming. Las malas lenguas say he has already moved back in — even though a judge has tossed the new district maps as invalid. Carollo even changed his voter’s registration to the Morris Lane house in April. Doesn’t that mean he lives outside the district? He still hasn’t put a homestead exemption on it, though, because you can only do that during certain days of the year.
So, to protect it, Carollo filed a quick claim deed on May 23 that puts his wife’s name on the title. His boss, Robert Rodriguez, was the attorney on it. He has been the only listed owner. But if his wife is also an owner, then they can’t take it in the judgement. This was an obvious stunt to protect it from a future judgement — Crazy Joe saw the writing on the wall — and should be nullified. In fact, there is a hearing Monday for an injunction to keep Carollo from moving any other assets around.
“No more of his dirty tricks. Then we’re going to start assessing his assets,” Gutchess said.
Read related: Miami’s redrawn maps could save Joe Carollo’s house from lawsuit grasp
He may also look to the city, the attorney added. While the city was not named as an official defendant in the original lawsuit, it obviously played a role in the violation of the two men’s rights, Gutchess said.
“Hopefully the city is not indemnified because it became city policy to target Bill and Martin.” Gutchess said. “They should pay the judgement because they were acting on his orders.”
He says the city manager and city attorney are just as guilty as Carollo. “In order for this to never happen agin, the city has to pay.
“The right thing for Carollo and for the city to do is pay the damages,” Gutchess told Ladra. “They should not run up the bill with a frivolous appeal.”
Too bad they can’t seize the dog and cat sculptures that are crowding Maurice Ferre Park.