HomeMy WebLinkAboutM-01-0024RONALD J. COHEN, P.A.
ATTORNEYS AT LAW
Carlos Gimenez, City Manager
City of Miami
444 S.W. 2"d Avenue, 10" Floor
Miami, FL 33130
Re: Pablo Camacho
Henry Llorella
Frank Taylor
Dear Mr. Gimenez:
November 7, 2000
CEJ
ANDREW JACKSON BUILDING
8100 OAK LANE, SUITE 403
MIAMI LAKES, FLORIDA 33016
DADE: (305) 823-1212
BROWARD: (954) 922-1446
FACSIMILE: (305) 823-7778
Please accept this correspondence as my request to personally appear before the City
Commission at the meeting to be held on January 11, 2000. The purpose of this
appearance is to discuss the payment of attomeys' fees for the above referenced officers.
Thank you for your attention to this matter.
Very truly yours,
A0 -
Ronald J. Cohen
RJC:ls
cc: Tony Rodriguez, President, FOP 20
Maria Chiaro, Esquire, Assistant City Attorney
Elvi Alonso, Agenda Coordinator
P:\Documents\1993\930050Mtr re being set on Agenda for 1-11-01.wpd
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CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Carlos A. Gimeniz, City Manage'""
FROM: Alejandro Vilarello, City,X01711
DATE: January 10, 2001
✓f�'s'
RE: Item No. 3 - Persearance
City Commission Me ng -January 11, 2001
Requests for pa t of Attorney Fees and Costs
• Pablo Camacho
• Henry Llorella
• Frank Taylor
You have granted the request of Ronald Cohen for a personal appearance before the City
Commission regarding payment of attorney fees and costs arising out of criminal cases brought
against each of the above -referenced officers by the State Attorney or the U.S. Attorney. The
criminal charges were brought based on actions which occurred as part of the performance of the
officers' duties.
Mr. Cohen has requested reimbursement of attorneys' fees and costs for the
representation of officers, pursuant to law and pursuant to an agreement between the City of
Miami and the Fraternal Order of Police (FOP), Lodge 20, which provides for the reimbursement
of attorneys' fees and costs providing an officer is found not guilty of charges filed against him
or her and that said officer receives no discipline for the alleged charges.
Florida statute 111.065 provides for the payment of attorneys' fees in certain
circumstances:
(1) For the purpose of this act, "law enforcement officer" means any person
employed full time by any municipality or the state or any political subdivision
thereof or any deputy sheriff whose primary responsibility is the prevention and
detection of crime or the enforcement of the penal, traffic, or highway laws of this
state.
(2) The employing agency of any law enforcement officer shall have the option to
pay the legal costs and reasonable attorney's fees for any law enforcement officer in
any civil or criminal action commenced against such law enforcement officer in any
court when the action arose out of the performance of the officer's official duties and:
(a) The plaintiff requests dismissal of the suit; or
(b) Such law enforcement officer is found to be not liable or not guilty
The statute gives the City the discretion to pay the fees if the Officer is found not guilty.
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Carlos A. Gimenez , City N_ _gager January 10, 2001
Requests for payment of Attorney Fees and Costs Page 2
I have reviewed the facts of these cases and do not object to reimbursement for attorney's
fees and costs at a rate of $200.00 per hour for documented hours for Henry Llorella
(approximately $153,000.00 plus costs) and Frank Taylor, (approximately $120,000.00 plus
costs) without admission of liability. The hourly rate recommended is a compromised rate but
not outside usual and customary charges for such representation in the Miami community.
Because of the conviction of Pablo Camacho, the City does not have the discretion to pay for his
defense in that case.
Pablo Camacho was convicted of a single count of providing false and misleading
information to state officials involving a death. He was also acquitted of a number of charges
against him, including conspiracy to obstruct justice and to engage in misleading conduct toward
another person. He was acquitted of two perjury counts which alleged he lied under oath in his
testimony in another trial alleging criminal acts by him. His conviction related to his allegedly
misleading investigators about how his shirt was damaged during an arrest.
Henry Llorella was charged in 1996 with aggravated battery for allegedly using his asp to
beat a suspect while the suspect was handcuffed and in the officer's patrol car. The charge, a
second-degree felony, was dismissed by the State Attorney after opening statement on the day of
the trial. The case was four years old when dismissed. The discovery in the case was extensive
and one of the issues involving the discovery was the subject of an appeal.
Frank Taylor was charged in 1996 with twenty counts of grand theft and petty theft
related to unlawful compensation for off-duty jobs. After a week long trial he was acquitted of
all charges. After the trial, Frank Taylor was promoted to lieutenant and has since retired.
No disciplinary action was taken against him involving the allegations.
A proposed resolution will, if directed by the City Commission to be prepared, authorize
the Director of Finance to issue a check payable to the Trust Account of the Law Firm of
Ronald J. Cohen, P.A. on behalf of the FOP, for an amount of inclusive of all attorneys' fees and
costs in full settlement of any and all claims for the reimbursement for the successful criminal
defense of Henry Taylor and Frank Llorella. The City should require a release which assures that
fees and costs, if any, which have been reimbursed by the prosecuting agencies have been off set
against the reasonably determined total.
If approved, funds for said payment will be allocated from the City of Miami Self -
Insurance and Insurance Trust fund, Index Code No. 515001.624401.6.652.
W526
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