A sitting state lawmaker is facing a string of sexual harassment and defamation allegations in a civil trial in Tallahassee, a rare public airing of allegations of bad behavior by powerbrokers that have long ailed the Capitol complex. 

The case playing out in a downtown courthouse across the street from the Capitol building gives a rare window into halls of power that remain plagued by power imbalances, where decisions to report misconduct are not just personal, but political.

Republican state Rep. Fabian Basabe of Miami Beach has been accused of creating an environment of pervasive sexual harassment by two young men who used to work in his legislative office, who allege that the lawmaker grilled them about their sex lives, used graphic language to encourage them to have sex with men, and showed them an image of a naked man on his phone. Basabe is also accused of putting his hands on the former staffers without their consent, slapping a legislative aide on the butt while they attended an elementary school career day in 2022, and trying to kiss a Florida State University student before bringing him on as a legislative intern just a month later. 

Basabe – who is up for re-election this fall – has denied the claims in the case brought by former aide Nicolas Frevola, the former aide’s mother Janette Frevola and former intern Jacob Cutbirth.  The lawsuit seeks monetary damages for pain and suffering, loss of business and loss of reputation.

Basabe declined to speak to reporters at the courthouse Monday, directing requests to his legislative office. Representatives for Basabe and the Florida House of Representatives did not respond to requests for comment.

Non-lawyer lawmaker represents himself

It’s unusual enough that an elected official would stand trial, even a civil one,  while still in office. Even rarer is that Basabe is representing himself in the case – no matter that he is not an attorney – putting the lawmaker face to face with his accusers as he stumbled through his questions before the judge.

It made for a chaotic scene and contentious exchanges – fitting for the reality television personality-turned-legislator, a socialite known for partying with celebrities before trying his hand at politics. He was featured on a show called “Filthy Rich: Cattle Drive,” which depicted Kourtney Kardashian, George Foreman III and other children of wealthy parents working on a ranch in Colorado.

Basabe repeatedly asked Judge J. Lee Marsh and the opposing attorneys for legal advice, and in an extraordinary turn, paused in his opening statements and had an attorney for the plaintiffs review the speech with him line by line, telling him which sections she would object to as inappropriate.

“We are shocked that this man who can’t represent himself has been elected by the people of Miami,” plaintiff’s attorney Katherine Viker told reporters later. “They might want to reconsider.”

Basabe’s lines of questioning for witnesses were by turns freewheeling and bizarre, ranging from the decor inside his 1920s-era midtown Miami residence to the job responsibilities of his household staff to the image of a scantily clad man that apparently serves as the background image on his phone. 

The proceedings were frequently disrupted by what Marsh called Basabe’s “staggering” violations of legal procedures and court orders. The judge repeatedly admonished Basabe and at one point, raised the possibility of a mistrial due to concerns that Basabe’s improper statements could taint the jury.

“You chose not to have an attorney, and that’s your right. But we’re not going to have a law school class on this,” Marsh told Basabe.

In Viker’s view, Basabe’s bumbling presentation is a tactic aimed at further delaying the trial until after his re-election campaign this fall. 

“I think we absolutely have grounds for a mistrial. But I’ll tell you, I think that’s exactly his goal. He’s not stupid,” Viker told the judge. “He’s up for re-election.”

‘If this is what government looks like, then I don’t want a part of it’

Taking the stand, Basabe’s former legislative staffers painted a picture of themselves as aspiring public servants who saw their dreams dashed when they found themselves subjected to his alleged misconduct. 

Basabe has not been charged with a crime in relation to the allegations, and an external ethics investigation conducted on behalf of the Florida House of Representatives was “inconclusive.”

“The evidence will show that public accusations traveled far and wide. The evidence will show that allegations received extraordinary attention. But attention is not proof. Publicity is not proof. Repetition is not proof. Only evidence is proof,” Basabe told the jury in his opening statement. 

Cutbirth, the former intern, testified that he found Basabe’s alleged mistreatment so intolerable, he lasted in his role for only about six weeks – giving up on his hopes of working in government in the face of what he said were Basabe’s repeated sexual comments, calling Cutbirth “eye candy,” directing him to flirt with Basabe in the office and telling Cutbirth he should call off his engagement to his now-wife and have sex with men instead.

“If this is what government looks like, then I don’t want a part of it,” Cutbirth said. “I don’t think I can find happiness working in a career field where this type of behavior is allowed to exist.”

Frevola, who had worked for multiple state lawmakers over the course of five years and aspired to be a lobbyist, testified that his career in Florida politics was effectively destroyed after he submitted a formal complaint about Basabe to the Florida House of Representatives’ human resources office, at the encouragement of another state lawmaker. 

In Frevola’s complaint, he detailed an incident when Basabe allegedly slapped him across the face during a lobbying firm’s after-party following Gov. Ron DeSantis’ inauguration in 2023, in the presence of a couple of dozen of the most powerful people in Florida politics, as Frevola put it. 

When an outside investigation ended with an “inconclusive” finding, Basabe posted a lengthy statement on social media claiming victory and ridiculing the Frevolas as a “conning, scheming mother and son duo,” comments which drew the defamation claims.

“Let others learn and let this episode stand as a warning for those who plot harm,” Basabe’s statement continued.

Since then, Frevola testified that he’s been treated as a pariah, his career in politics derailed. 

“It’s been the hardest struggle of my life,” Frevola said. “They made me out to be the enemy.”

Casting a shadow over the proceedings, which are expected to wrap up this week, is another lawsuit brought by the former staffers against the Florida House of Representatives, claiming the House mishandled the investigation of the alleged misconduct. 

Cynthia Myers, an attorney representing the plaintiffs, told reporters she has faced resistance from other Tallahassee powerbrokers, who she said have “lawyered up” to ensure no other potential witnesses would testify to the alleged slap at the lobbying firm after-party. 

“The Florida House knows this is going on. And they have circled the wagons around him,” Myers said of Basabe. “Hear no evil, see no evil,” she added.

Kate Payne is The Florida Trib’s state government reporter. She can be reached at kate.payne@floridatrib.org.