UPDATED 7 p.m Wednesday, Nov. 20, with statement from Ben Kuehne, Alex Díaz de la Portilla's attorney.
In a shocking turn of events, prosecutors have dropped money laundering and official misconduct charges against ex-Miami City commissioner Alex Díaz de la Portilla.
Broward State Attorney Harold F. Pryor announced Wednesday that his office would not move forward with their case against Díaz de la Portilla and lobbying attorney William Riley Jr.
"Today is a day of celebration for the return to justice and fairness in our court system with the decision of the Broward County State Attorney to drop all charges against Alex Díaz de la Portilla," said Ben Kuehne, Díaz de la Portilla's attorney, in a statement.
"This is a day of complete vindication for Alex, who did not do anything wrong," said Kuehne. "We thank the Broward State Attorney’s Office for its thoughtful and correct decision that ends the weaponized use of prosecutorial power in this case."
Added Kuehne: "When this case was first brought at a time chosen for election interference, Alex Diaz de la Portilla promised the community that he had done nothing wrong. Today is a clear demonstration of the fulfillment of his promise."
Díaz de la Portilla was arrested last year for allegedly accepting a bribe through Riley from the wealthy Centner family to support their proposal for a sports complex at Biscayne Park. The Florida Department of Law Enforcement carried out the arrest.
The case was initiated when the Miami-Dade County Commission on Ethics brought a claim to Miami-Dade State Attorney Katherine Fernandez Rundle’s office. It was transferred to Broward by order of Gov. Ron DeSantis to avoid any conflict of interest with Rundle’s office. Pryor's attorneys brought the charges in court.
READ MORE: DeSantis suspends Miami commissioner following arrest on corruption charges
In a closeout memo, Pryor's office said that the investigation relied on "unreliable" witness testimony and did not hold up to legal scrutiny.
“The case fails to meet the legal standards for prosecution. The evidence does not demonstrate corrupt intent, unlawful benefits, or falsification of records,” his office wrote.
Substantial follow-up investigation from his office found that witness testimony contradicted the prosecutor’s initial claims, and that the state did not present competent evidence.
“Lawful actions have been misconstrued as criminal,” the memo states.
In particular, witness testimony in follow-up interviews contradicted the state's initial theory of the case, and left them with no evidence that Díaz de la Portilla accepted any bribe, according to the memo. Pryor's office also noted that investigators relied on circumstantial evidence to charge Diaz de la Portilla with conspiracy.
The closeout memo notes that follow-up depositions found issues in the credibility of key witnesses including a Miami-Dade Commission on Ethics (COE) investigator and former Miami City Commission Ken Russell.
Russell made contradictory statements about his knowledge on the Centner park deal, and COE investigator Karl Ross admitted to limited familiarity with relevant laws and did not independently verify key allegations.
Pryor’s office announced a "nolle prosequi" in Díaz de la Portilla’s case, meaning they will not move forward with their prosecution.
Díaz de la Portilla was suspended from his seat on the Miami City Commission last September by DeSantis following his arrest. In the year following his ouster, David and Leila Centner pulled out of their park deal with the City of Miami that was at the heart of the case against Díaz de la Portilla.
The Miami Herald also reported that the former commissioner drank on the job at City Hall, which coincided with his downfall.
Correction: An earlier version of this story incorrectly noted that Broward State Attorney Harold Pryor authored the closeout memo. The memo was in fact written and signed by members of Pryor's staff. The story has been updated to reflect this.
