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.
Ex Miami-Dade Commissioner Joe Martinez cries, prays — maybe walks added by Ladra on
View all posts by Ladra →
[…] Read related: Ex Miami-Dade Commissioner Joe Martinez cries, prays — maybe walks […]
Ladra
Your my friend and I appreciate your work. Please Consider this- During the hearing on Thursday the State stated on open court that had Joe reported the checks as a gift the case would have different. Joe himself admitted that he made that mistake and has since corrected it. As you know I have some knowledge of political campaigns and I have seen politicians make honest mistakes on their financial disclosure reports. When that happens they simply amend their report. Also, people make honestmistakes on their IRS disclosures. NOBODY GOES TO JAIL! Additionally, usually when a friend ask for help for a banking need or a good plumber. NOBODY GOES TO JAIL FOR THAT! In Joe’s case that referral never even materialized.
The real story here is the political hit job that was perpetrated against Joe. Why Joe? Because the powers that be didn’t want Joe to become the next elected Sheriff. They new he wouldn’t play their games.
You want something to look into? Here it is.
Thanks
Bobby
Show me “ONE’ Politicians in MDC W/ HONOR and a WORD ? Mission Imposible !
Every time myself and my friends had scheduled meetings with this commissioner, he was polite, open with his suggestions, and helpful. He supported our efforts to keep the incorporation efforts out of our neighborhoods. I appreciate a person who is clear about where he stands and I don’t see the same honesty from those who chose to get rid of a person who spoke out, especially about budget issues and monies being wasted.
Many years, prior to becoming acquainted with Mr. Martinez, I was involved with an obvious corruption issue that included several seated commissioners….We were unable to get Rundel’s office, the FBI, or any other entity with any power to address the problem. Stonewalled. Maybe it had to do with the party affiliation of the commissioners involved, or the people they provided special privileges to, but it taught me that powerful people can get away with anything. Commissioner Martinez was not involved in this. But this is why I firmly believe that this was a hatchet job to get rid of a politician who was a fly in their ointment. And sadly, we are still left with some people in office who could’ve made it right.
The reason Joe Martinez is not willing to admit guilt is because this entire case was politically motivated. Everyone knows that Katherine Fernandez- Rundle, the most corrupt public official in the history of Miami-Dade and the one that belongs in jail, hates Joe Martinez.
Ladra- if you are a true journalist, start digging for the Truth. This goes back to the early 2000.
Gimenez and Rundle haven’t forgotten them getting caught stealing an election in 2013. They are ruthless. It wasn’t Joe.
Joe Martinez was just another crooked politician. Luckily, he got busted. Bribes. The Judge needs to send a message. The Judge needs to send a message to elected officials. “Stop stealing”.
Michael,
I particularly enjoyed the bit of the lite-hearted comments. With everybody on the edge of their seats it goes a long way.
He was living beyond his means so $ was important to him
Why was Martinez so hard up for money? What he got was not really very much of a bribe. He must have been desperate. Many people in power live way beyond their means to show off or create a false illusion. It can happen to anyone
His good community service should count for something.
We all know elected officials that make what Joe did seems like child’s play and they have never seen the inside of a prison, e.g., Donald J Trump and his band of sycophants.
Thank you Ladra for your comment regarding my attempt to “lighten the mood” at the Martinez “almost sentencing hearing”. I’ve never attended something like this, and I was just emotionally drained when it was over. The hearing lasted over six hours and when it was over, I found myself unable to just drive away. The real life impact of what I had just witnessed was overwhelming so I found a place to sit for about 30 minutes before I left, just so I could digest what I had witnessed.
I thought Judge De La O was amazing. His questions, he opinions, his thoughts, his ability to see and hear the tears and still be extremely professional was truly remarkable to watch. Attorney Ben Kuehne, whom I’ve never seen in person, spoke so powerfully ,even though his voice is calm and collective. Ms. Kuehne’s choice of words is just magical.
The big question is and will be….can a lifetime (almost 40 years for Joe) of doing so many wonderful good deeds, (and I spoke about all the ones he had done for me and the organizations I belong to) help reduce a prison sentence to community service?
Of course this can be debated forever, but Joe can still do some great things for our communities, and being in jail won’t allow him to continue to help those in need. The judge was not going to let Joe Martinez off, (there was no “I’m letting you off comments”), but rather the judge was looking for ways to use the experiences that Joe has acquired in his life to help others and questioning if the good deeds of Joe Martinez might or should mitigate the potential three year sentence.
The prosecutors have one month to explain to the judge why they believe a three year prison sentence is how it should be, regardless of a person’s good deeds, and the defense attorneys have that same month to explain to the judge why he can make a decision of probation with extensive community service, because in Joe’s case, there is/was so much good.
In determining sentencing, I would hope the judge will decides what is best for the community.
It’s either prison or a lot of community service. From my own personal experiences with Joe Martinez, and for what he has done for so many others, I hope he is allowed to continue to do as he’s done for these forty past years. Let him continue to be a public servant, under the guidance of the courts of course. I believe this is how the community will best be served from what’s happened in this case.
Ladra, prosecutor here. I appear often before Judge De La O. I also watched the hearing yesterday on zoom. You might be misreading the judges comment. Yes Ben Kuehne wants probation and no jail time but the judge didn’t say he agreed with Ben. He did make it known he wants to downward depart if the law allows him to which could mean anything from probation up to the 35 months the state asked for. He is not known to be a light sentencer so wait and see. And to the commissioners supporters I say read the order where the judge refused to dismiss the charges or give the commissioner a new trial. The judge explained very clearly that he was guilty guilty guilty.