Oct 18, 2007 9:44 pm US/Eastern
Commissioner's Mystery Memo Will Remain Just That
A public records request over a so-called 'mystery memo' has caused quite a stir in the halls of the Miami Dade courthouse, including rumors of possible bribery in a decision to allow a developer to build a condo tower next to historic Vizcaya.
Lawyers have read it and the judge presiding over the request has read it, but it has yet to be made public to the people.
The subject of the memo deals with the controversial "Grove Bay Condominium Project," which was narrowly approved by City of Miami Commissioners. The project, when complete, will put the high rise development right beside historic Vizcaya museum and gardens on the waterfront.
"Commissioner Sarnoff has already given a sworn statement to the State Attorney's Office in regards to that memorandum," Sarnoff's attorney Jeffrey Swartz told the judge Thursday afternoon.
The memo, written by Commissioner Marc Sarnoff to himself, allegedly contains information about illegal payments that were made to ensure that the project was approved.
Sarnoff voted against the project, and now his memo has become a key document in a public corruption probe.
"Commissioner Sarnoff is not a target," Swartz told CBS4 Reporter Gary Nelson. "He is not anyone to be considered in regards to their investigation, other than a witness, that's all."
Corruption investigators have reportedly questioned Commissioner Michelle Spence Jones after allegations arose that she accepted a bribe for her vote in support of the bayfront condo project.
Spence Jones vehemently denied the allegations that were revealed by the Daily Business Journal.
"There are people who look at this and take this political issue and try to blow it up to create an issue because they're not happy with my decision or with my vote," said Spence Jones on August 29th when the allegations first came to light. "But I'm only one out of the other three that voted."
In court Thursday, attorneys for CBS4's news partners at The Miami Herald argued that the Sarnoff memo on the "Grove Bay" project should be made public given that its contents are common knowledge among a few.
"Everyone who might possibly be affected by that memorandum, I'm sure, knows about it by now and knows what's in it, except all the citizens of Miami including the people that Mr. Sarnoff serves," argued attorney Sand Bohrer.
But the judge ruled the memo, of the moment, should not be made public.
"I don't think that I can ignore that we have an on-going criminal investigation that is not closed," said Judge Ivan Fernandez.
Fernandez said Sarnoff wrote the memo to serve as a "memory aid" for the future, which made it exempt from the public records law.
