MIAMI (WSVN) - A longtime Miami-Dade Police aide is under investigation over an alleged racist remark about a black sergeant who was arrested on DUI charges.
Miami-Dade Schools Police Sgt. Tracy Moore was taken into custody back in July.
“Ma’am, you have had way too much tonight to safely operate this vehicle,” an officer is heard telling Moore in body camera video.
But it’s what happened after Moore’s arrest that could impact hundreds, if not thousands of DUI cases in Miami-Dade.
“I think thousands of cases are in peril,” said Michael Catalano, Moore’s attorney.
Before Moore’s court appearance, Pablo Espinoza, a public service aide tasked with testing Breathalyzers for Miami-Dade Police, allegedly made a racist remark about Moore to Catalano.
“He just grabs my arm, and he starts laughing. He says, ‘Hey, your client really looks like a monkey sitting there,'” said Catalano.
Espinoza serves as a key witness for DUI cases in Miami-Dade County. He takes the stand and confirms whatever Breathalyzer machine was used in an arrest was functioning and working properly.
Before he was set to testify in Moore’s case, Espinoza reportedly made the comment.
Catalano shared texts between him and Espinoza where, the attorney said, he demanded an apology from the public service aide.
Catalano texted, “Pablo. You have 2 hours to apologize for saying my client looks like a monkey or I report it to the director. I was disgusted by that and they have video in the hallway. Apologize and we drop it. Mike C.”
Espinoza appeared to respond, “I’m apologizing now. Done.”
“I sent him that text message, which you’ve seen, baiting him to answer,” said Catalano.
Espinoza was relieved of duty and reassigned. Since he is the only person in the entire county who validates Breathalyzers in court, the investigation into his comment could have massive repercussions.
“If you go, ‘He’s a material witness on a county machine,’ if he’s not around, it’s a lack of evidence,” said Catalano.
While Espinoza is relieved of duty, DUI cases from prosecutors relying on Breathalyzers are in peril.
“If the judge says, ‘You can’t get your breath test evidence in,’ that makes the state’s case significantly worse,” said Catalano.
As for Moore, a Miami-Dade Public Schools spokesperson said they have begun the firing process because she is being charged with felony child abuse. During her DUI arrest, officials said, there were children in her car.
But Catalano believes his client is innocent, with or without Espinoza’s remark allegation.
“When you see the video, two officers have sworn under oath that she was not impaired at all,” he said. “She looks stone cold sober.”
Experts said the effect of Espinoza removal from his post will vary on a case-by-case basis, but they said any DUI case relying on Breathalyzers could be in jeopardy.
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