Former chiefs: Carollo pressured us to ‘target’ Calle Ocho businesses as political payback

One after the other Tuesday, former chiefs from the Miami Police Department testified that a city commissioner pressured them to use city resources to go after the business interests of a pair of Little Havana property owners as political retribution.

The start of week two of Miami Commissioner Joe Carollo’s multimillion-dollar civil trial in federal court began much the same as it ended last week — with former top city leaders telling tales of how the commissioner urged them to “weaponize” code enforcement to try and shut down businesses owned or operated by William Fuller and Martin Pinilla. Several witnesses have said Carollo was “targeting” the men’s businesses.

Fuller and Pinilla filed a lawsuit in 2018 saying their First Amendment rights were trampled on by Carollo, who sought vengeance after they tossed their public support behind Alfonso “Alfie” Leon, the commissioner’s political opponent at the time. Carollo defeated Leon in a runoff. But the men claim the commissioner nevertheless mounted an attack on their business interests. They’re seeking $2.4 million in damages to their business entities and additional costs for punitive damages.

Former Police Chief Jorge Colina was the first to take the stand Tuesday. He explained how his decision-making never altered, even despite Carollo’s obvious agitation during a 2019 commission meeting over a lack of action taken by police and code enforcement towards properties owned by Fuller and Pinilla.

The day ended with former Assistant Police Chief Richie Blom telling how as Carollo’s chief of staff he was ordered to get out of a car and measure the distance from the front door of one of Fuller’s properties to a neighboring church. Blom said the commissioner was hoping it was within 150 feet so the city could pull the club’s liquor license.

But the most pointed testimony came in between from Art Acevedo, a former Houston police chief hired to take over in Miami. Fired in 2021 after a tumultuous six months that included Carollo and other commissioners belittling him, claiming he did not understand Miami’s Cuban culture, Acevedo hit back almost as soon as he sat down.

“Oh yes, I’m Cuban, despite what you might have heard from the defendant here,” Acevedo told jurors.

Acevedo recalled the Saturday night before he was sworn in. He said he got a call from City Manager Art Noriega to show up on a street corner in Little Havana at 11:30 p.m. When he arrived, Noriega and Miami’s current Police Chief Manny Morales were watching as police officers and code enforcement descended on a business owned by Fuller called Taqueria, that was undergoing construction.

Acevedo also recalled Carollo called about a Friday night event that Fuller was running, complaining, there “were Communist agitators here right now and you need to arrest them.”

“I thought, Oh My God, where have I landed,” Acevedo said.

Carollo attorney Mason Pertnoy tried to paint Acevedo as a witness with a personal grudge against the commissioner, noting he was the only former chief to show up willingly and without a subpoena. He got Acevedo to admit that he hadn’t read the lawsuit and didn’t know which properties Fuller and Pinilla had interest in. He also read aloud from a report written by Acevedo during his brief Miami term, explaining how officers and code enforcement had visited 217 businesses, issued 237 code violations, made 40 felony arrests and closed down 40 shops — pointing out that not all the businesses were owned by Fuller.

After being pushed by Pertnoy about “having an ax to grind” and a letter the former chief sent to federal authorities about “corruption” in Miami, Acevedo got hot.

“I’ve dedicated 35 years of my life to the Constitution. I’ll be damned if I come here and sell my soul. And you’re right, I do have an ax to grind,” he said, before offering that the memo outlined malfeasance within the city and how Fuller’s rights were being targeted. “You have to put your integrity aside in the city of Miami.”

MOVE TO MIAMI

The trial’s first week before U.S. District Judge in the Southern District of Florida Rodney Smith was at Fort Lauderdale’s federal courthouse. But with last week’s downpour cutting off electricity at the courthouse, the trial was moved to the Wilkie D. Ferguson Jr. U.S. Courthouse in downtown Miami. The remainder of the trial, expected to last another two weeks, is expected to take place in Miami.

Carollo’s defense team has argued the commissioner was acting within his authority to protect residents and to push Fuller and Pinilla to correct problems with buildings that were in disrepair.