Report: No evidence Basabe sexually harassed staff
MIAMI - An investigation into claims that State Representative Fabian Basabe made repeated and unwanted sexual advances on two of his former staffers failed to find "any evidence, direct or circumstantial," that he violated state policies, but noted that Basabe "likely should exercise better judgment regarding observing the delicate margins between the personal and professional with his subordinates (and their friends) in the future."
Basabe, a Republican who was elected last year to represent Miami Beach, issued a statement after the report was released saying, "I never doubted for a moment that I would be cleared of these false and feigned allegations."
"I hold no ill will towards the young men who made these accusations," Basabe said. "I believe they were misguided and, in my opinion, embarked on the wrong path with ill intentions for personal gain. I trust this will serve as a learning experience for all involved."
"My focus remains, first and foremost, on the interests of my constituents and the well-being of my district."
Cindy Myers, an attorney representing the two staffers who made the complaint, Nicolas Frevola and Jacob Cutbirth, said she was not surprised by the outcome because she believed the investigator, Marlene Quintana, was never interested in learning the truth.
"What is so shocking and surprising, though, is the shoddiness in which [the investigation] was done," she said, noting Quintana left out of the report certain key details and pieces of evidence that Myers said supported Frevola and Cutbirth's claims.
Quintana did not respond to a request for comment.
Although the report ends the review ordered by House Speaker Paul Renner into the allegation against Basabe, questions remain about the independence of the investigation.
The law firm hired to conduct the investigation, GrayRobinson, is a major lobbying firm that earns millions of dollars every year representing more than 200 clients before the Florida Legislature. Quintana is listed as a part of the firm's lobbying team and as recently as 2017 she was a registered lobbyist in Tallahassee.
On the GrayRobinson website, the firm boasts of its close ties to the Florida Legislature. "GrayRobinson has decades of experience in lobbying the Florida Legislature," the website claims. "Many of our attorneys and consultants began their careers as staff to the Florida Legislature."
Myers said it was ridiculous for House Speaker Renner and others to claim GrayRobinson was an "independent" firm, since it relies on its relationship with legislators to make money.
"That's yet another grand reason why this investigation was doomed from the start, to not be fair and full," Myers said. "I mean, this is this really just demonstrates the poor judgment of the Florida House leadership. They should have hired just an independent investigator with no employment, defense or lobbying ties to conduct the investigation. And they didn't do that. That's why, you know, it stunk from the beginning, quite frankly."
A spokesperson for Speaker Paul Renner disputed the notion the investigation lacked independence.
"The House hired Ms. Quintana because she is a reputable and well-respected investigator and mediator, in addition to being board-certified in employment law," spokesperson Andres Malave said. "She was given free rein to conduct a thorough investigation with no predetermined or preferred outcome, and we believe she utilized industry-standard practices in conducting the investigation. Furthermore, Speaker Renner has never met with or spoken with Ms. Quintana as part of this investigation. Her relationship with GrayRobinson is irrelevant, as it is common practice for organizations to hire counsel at such firms to conduct internal investigations."
Earlier in the day, Renner released a statement saying he had spoken to Basabe and "reinforced expectations for House Members."
"The Florida Legislature prides itself in being a safe and professional environment for Members, staff and to participate in the Legislative process," he added. "There is a zero tolerance policy towards any type of harassment."
The sexual harassment allegations against Basabe were first reported by CBS News Miami and the Miami Herald earlier this year, which detailed a series of encounters between Basabe and his young staffers.
Frevola, 25, claimed that while Basabe was visiting North Beach Elementary for Career Day, he was standing with Basabe in the back of a classroom full of children when Basabe told him "I want all of that butt" and proceeded to smack Frevola on his backside.
The second staff member, Jacob Cutbirth, worked as an unpaid intern in Basabe's office and claims Basabe told him he was required to flirt with the state representative whenever he was at the Capitol. The 24-year-old also claims Basabe counseled him to break off his engagement to his girlfriend and "explore his sexuality by having sex with men."
Both men said they were subjected to graphic conversations about sex and that Basabe showed them a naked picture of a man he kept on his phone.
The report indicates that Basabe claims he may have shown them a picture of a man in a bikini.
The GrayRobinson report, said there was no independent corroboration for these encounters and that two witnesses who could have shed light on them refused to meet with Quintana.
Myers told CBS Miami the witnesses, "didn't trust [Quintana] to truthfully tell their stories. And they figured that she was going to twist it around on them."
Over the past few months, Basabe has repeatedly denied any wrongdoing. He noted that Frevola had previously accused Basabe of slapping him across the face and that an investigation by another outside law firm, Allen, Norton & Blue, hired by Speaker Renner had "cleared" him.
In a three-page report closing the slap investigation, however, the law firm found that "there was physical contact between" Basabe and Frevola, but because of "a lack of corroborating witnesses the finding is inconclusive."
Basabe remains a controversial figure on Miami Beach and continues to face widespread criticism from the gay community for his support of Governor Ron DeSantis's conservative agenda.
GrayRobinson is also representing the DeSantis Administration in several court hearings. An investigation by the Tampa Bay Times found the firm had been paid more than $5 million to defend DeSantis's culture war legislation in court.
Myers said it was obvious the Republican Legislature had little interest in learning the truth about Basabe. "This is a political situation," Myers said. "They don't want that seat down there threatened. It's an important seat in Florida. And [Republicans] would have had to do something about this, possibly removing him from his seat, if [the investigation] had substantiated what the [Frevola and Cutbirth] said."
Myers said she is eager to depose Basabe and others as part of the civil lawsuit that Cutbirth and Frevola have filed against the lawmaker, and expects that to happen in the coming months. "We will deal with this issue in court," she said of the sexual harassment allegations.
Myers said none of the statements taken by the investigator were recorded and none of the witnesses were placed under oath. "It will be far different when we take their depositions," she said.
Basabe, a former reality TV performer, campaigned in 2022 as being supportive of LGBTQ issues. After arriving in Tallahassee, however, Basabe voted in favor of a bill expanding the so-called Don't Say Gay law by barring instruction on sexual orientation through the eighth grade; backed a measure preventing public school teachers from asking students their preferred pronouns through the 12th grade; and defended a bill making it a crime to host a live performance with "risqué content" in which anyone under the age of 18 attends, even if they are accompanied by a parent. Although it does not mention drag shows, the bill's supporters cited drag shows as the impetus for the new law.
Following his votes in Tallahassee, Basabe marched in Miami Beach's Gay Pride parade where he had to be surrounded by police for his own protection. As he blew kisses to the crowd along the parade route in, Basabe was booed and heckled by the crowd, as gay rights groups roundly condemned him.
Read the report:
FHR Investigation Report by Mauricio Maldonado on Scribd