Judge mutes Miami city attorney’s mic during heated testimony in home-flipping lawsuit
A judge muted the microphone of Miami City Attorney Victoria Méndez after she spoke over him and made what he called a “political speech” during her sworn testimony Monday morning in a civil case accusing Méndez and her husband of operating a home-flipping scheme that took advantage of an elderly Little Havana homeowner.
“I will not tolerate her taking over control of the courtroom to make speeches and not answer the question,” Miami-Dade Circuit Court Judge David C. Miller said during the hearing, which was held virtually over Zoom.
“So Ms. Méndez, if you can control yourself,” Miller continued, “please tell us or answer the question.”
The exchange took place during Méndez’s testimony in a lawsuit filed last year by Jose Alvarez, who alleges that Méndez and her husband orchestrated a “conspiratorial scheme to enrich” themselves. After Méndez’s husband purchased Alvarez’s Little Havana home in 2017, the lawsuit alleges that he then renovated it, mostly without permits, and used his political connections in City Hall to have the code violations — which included over $270,000 in fines — cleared by the city’s code enforcement board, later selling it for $165,000 more than he bought it.
The lawsuit further alleges that “under the guise of assisting Alvarez with his desperate situation as a disinterested public official,” Méndez scheduled a call with Alvarez, during which she referred him to her husband. (Méndez has called the allegations “patently false” and denied making such a referral.)
The Miami Herald reported Monday that the Florida Bar is investigating Méndez in connection with the allegations in the lawsuit.
Alvarez is represented by lawyer Jeff Gutchess, who is also the attorney for Bill Fuller, a Little Havana businessman entangled in a drawn-out legal battle against Miami City Commissioner Joe Carollo. A separate lawsuit filed in November by Fuller and his business partner Martin Pinilla names Méndez as one of more than two dozen defendants accused of weaponizing city resources against their businesses. A judge dismissed that complaint last week and instructed the plaintiffs to refile with more specific allegations.
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During Monday’s hearing, Gutchess asked Méndez to confirm that Alvarez is the plaintiff in the case. She said yes, then accused Gutchess and his team of seeking out Alvarez as a plaintiff “in order to harass me, in order to gain an advantage.”
After that comment, the judge intervened, telling Méndez to answer the question directly. She asserted that she was responding to the question.
“No, you’re not,” Miller said. “You’re making a political speech.”
“No, no,” Méndez responded. “I’m answering a factual question, Your Honor.”
About 15 minutes later, Gutchess asked Méndez if her husband — who does not work for the city — had special access to code enforcement records.
“My job is my job,” Méndez responded. “Whatever my husband does is whatever he does. He has nothing to do with my job. I have nothing to do with his.”
Méndez continued, telling Gutchess: “You’re trying to hurt my family, hurt me, trying to say that I did something wrong.”
At that point, the judge interjected, calling out Méndez’s name at least five times as she talked over him. Then she went quiet.
“Now I’ve been forced to mute you,” Miller said. “You refuse to stop talking when I’m trying to address you, so please listen carefully.” The judge then instructed her to answer the yes or no question directly.
Méndez’s attorney Luis Suarez objected, telling the judge it was “inappropriate” to interrupt and silence the witness. Miller said he understood Suarez’s concern.
“But if a witness refuses to listen to the court, not only can they be silenced, but they can be removed from the courtroom,” the judge said. “But I did not think it was productive to remove the witness from the courtroom if she can behave herself.”
The judge then took Méndez off mute, and the hearing resumed.
