MIAMI — Tensions were high in a South Florida federal courtroom Monday during a hearing in a pending lawsuit filed against the City of Miami and several of its employees.
The case stems from claims by two Little Havana businessmen, William Fuller and Martin Pinilla, who allege some city officials abused their power and helped bring down their businesses.
During Monday’s hearing, the attorney for the plaintiffs, Jeff Gutchess, and the attorney representing the City of Miami, Angel Cortiñas, had heated exchanges over several witnesses who showed up in court.
A deposition began before the judge entered the courtroom. While Cortiñas questioned a witness, Gutchess repeatedly objected, saying the witness should not answer questions she felt were harassing and should wait for the judge.
Cortiñas asked the witness questions related to Jeffrey Epstein. The witness responded that she was there only to answer questions related to the specific case.
“I am going to sue you and I will tell my attorney to sue you. You have to respect me,” the witness said.
“I’m glad the press is here to see the type of harassment this woman is getting,” Gutchess said.
The judge in the case, Federico Moreno, later entered the courtroom and said he had been listening from the back.
“There’s a lot of acrimony here. I knew that would happen. It’s like running a kindergarten,” Moreno said. “I heard a lawyer telling a witness not to answer questions. That’s a big no-no.”
Moreno also mentioned he had been told there could be a possible settlement in the case.
“If the plaintiff has witnesses that will really help this case, then do it. If not, we are stuck,” Moreno said. “But we can’t have all the semantics. You all have to be reasonable, but there’s a lot of acrimony here.”
Another heated exchange erupted over which witnesses were allowed to testify. Cortiñas said six witnesses were supposed to appear for depositions last week but none showed up. Gutchess argued the city failed to send deposition subpoenas to those witnesses.
The judge said he would hear the depositions of the people scheduled for that morning and decide later whether additional witnesses could testify, including former City of Miami Police Chief Art Acevedo, who flew in from Texas hoping to give his deposition.
“Since we skipped all the initial fighting and stupidity, you will ask questions, then Gutchess can ask questions,” Moreno said.
Moreno asked Gutchess to file an affidavit signed by Acevedo. Gutchess said they had already done so and that it was three pages long. The judge then began reviewing portions of the affidavit.
Acevedo’s attorney later approached the podium and told the judge his client was present in court and ready to testify.
“I don’t know why he is here,” Cortiñas said. “You told me you would bring him last Monday. I didn’t expect Mr. Acevedo to be here, and I’m not ready.”
“The problem now is that it’s messy,” Moreno said. “Only in Miami!”
Moreno ultimately recused himself from the case after learning there was a conflict of interest involving his daughter, who is part of the legal team representing Acevedo.
Acevedo was one of the witnesses expected to give a deposition last week. He said he came to court hoping to testify.
“I never was subpoenaed, so even the perception that I would disregard the law; which is something this city has a pattern and practice of doing, bothered me,” Acevedo told Local 10. “I wanted to make sure I made a lot of changes to be here today, because that was a commitment I made when I left here in October 2021 — that I would do everything within my power to speak the truth and hold this city government, which I believe is very corrupt, accountable.”
Attorneys representing the city, including Cortiñas, declined to speak with Local 10 News.
The case will now move forward with a new judge, a new trial date and potentially additional witnesses.
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