Before the first day of jury selection ended for suspended Miami-Dade Commissioner Joe Martinez, the Third District Court of Appeal legally stopped the proceedings.
The stop stems from Martinez seeking to remove Judge Lody Jean from presiding over the case.
“Without any notice, the court stopped the hearing and summoned me to approach her at the bench. I was apprehensive and did not understand why,” wrote Martinez in a motion to disqualify the judge claiming she was hostile. “I believe the judge intended to put me in jail.”
Martinez is referring to a hearing on April 5, when Judge Lody Jean asked the defendant to come forward.
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Martinez was sitting in the court gallery with his wife watching his hearing. No jurors were present.
In an audio recording of the interaction obtained by NBC6, the judge is heard asking Martinez to come forward.
“Did you just sigh right now?," asked the judge.
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“No,” said Martinez.
“You’ve been animated in the past, “ the judge added. “I can’t get into the minds of jurors…because if the jury doesn’t tell us what they’re thinking and they hold it against you, then it’s negative for you in whatever deliberations they’re going to have.”
Martinez who was arrested back in August 2022 on charges of unlawful compensation and conspiracy to commit unlawful compensation, believes this interaction shows he won't get a fair trial if the judge stays.
According to an arrest warrant, the charges stem from money Martinez allegedly accepted in exchange for him helping a supermarket owner and property owner who were having issues over cargo storage containers.
The warrant said Martinez accepted three $5,000 payments from the supermarket owner in exchange for his assistance with the fees and fines, as well as his help in drafting legislation amending the ordinance to allow one storage container on properties under 10 acres.
Opening statements to the trial were set to begin this week, but now, Martinez’s motion to disqualify the judge will now be heard by the Third District Court of Appeal.
The higher court is expected to rule in the upcoming week.
If the court decides the judge should remain, jury selection will continue.
