HomeMy WebLinkAboutM-95-04606flEfNBffl6 19
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%tCIA A. Dougherty
303479►-M
May 18, 1995
Honorable Stephen P. Clark, and
Members of the city Cuuuuimslon
City of Mialuttl
3500 Pan Amerioau drive
Miami, Florida 33133
Re: Request for payment of Attorneys' Fees for a Auccessful representation
of Officer Jorge T enn
Dear Sirs:
Attached you will find a letter prepared by my client Gregory Denuro who
successfully represented the above•referoneed officer in a criminal case during the
performance of his duties as a Miami police Officer. Officer Leon was charged along with
Francisco 'Torres who was represented by Alberto 3arasua. My understanding Is that you
approved Mr. Saraasua's fees in the amount of $64,600A0/ In as much as Greg Denaro was
the lead counsel in the case for both officers, his fees amount to $96,675.00.
Yoa will find attached a 1992 request by Gregory Denaro to pay his fees, a copy of
his invoice, and the charging document of the State of Florida.
Please advise If you have any (4=11ow.
Sincere y,
r
Lucia A. Dougherty
LAD/bh
Enclosureu
cc: A. Guinn Jones, Esq.
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LAW OFFICES
GREGORY C, DENARO, P.A.
2780 000GLAS ROAD
SUITE 300
CORAL GABLES. FLORIDA 33133
GREGORY C. DENARO
MEMEER OF FLORIDA AND NEW YORK MAR!
NANCY C. DENIXRO
OFCOUNSEL
February 4, 1992
VIA CERTIFIED MAIL, RETURN RECEIPT REQMESTED
City of Miami
Mayor's Office
3500 Pan American Drive
Miami, Florida 33133
-and-
Warren Bittner
Attorney for City of Miami
300 Biscayne Blvd.
Suite 300
Miami, Florida 33131
Res Claim for attorney's fees
against City of Miami
Dear Sires
*CLUPHONe
(305) 448.9796
FACSIMILE
(305) 529.9102
Please be advised that I represent Miami Police Officer Jorge
Leon, #01-3986 who was criminally charged by the Dade County State
Attorney's office in the State of Florida v. Jorge Leon, Case No:
91-1203 for an alleged incident occurring during the performance
of his official duties as a Miami Police Officer. Officer Leon was
falsely accused by one Juan Santana with committing an aggravated
battery while Officer Leon was transporting Santana to the Dade
County Jail. A copy of the charging document is enclosed. After
preparation of this case for approximately one year and a seven day
jury trial, Officer Jorge Leon was acquitted by a jury in just
thirty (30) minutes. (A certified copy of the verdict is
attached).
Pursuant to common law and the dictates of Lomelo v. City of
A;nrise, 423 So.2d 974 (44%:h DCA) and Thornber v. City of Pori:
Walton Beach, 568 So.2d 914 (Fla. 1990) and their progeny, this
claim and demand is made for. the City of Miami to pay undetrsigned
attorney's fees for the successful litigation in the amount of
$96,675.00. (An itemized bill is attached for your convenience).
As stated in Lomelo and followed by the Supreme Court of
Florida:
95- 460
3
�J
"Public officers are, of course, entitled to
a defense at the expense of the public in a
law suit arising from the performance of the
officer's official duties and while serving a
public purpose."
"These cases establish that a municipal
corporation or other public body is obligated
to furnish or pay fees for counsel to defend
a public official subjected to attache either
in civil or criminal proceedings where the
conduct complained of arises out of or in
connection with the performance of his
official duties. The obligation arises
independent of statute, ordinance or charter.
It is not subject to the discretion of the
keepers of the City coffers."
This letter is to serve as notice of our intention to sue
should this matter not be resolved. It is intended to fulfill any
notices required by statute prior to suing the sovereign. I trust
this will receive your immediate attention.
Sincorel.v,
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JANUARYC 1991
Dato
Services
Hours
i
1/22/91
Interview Defendant
5.0
1/24/91
Conference with State Attorney
.5
1/25/91
Conference with Defendant
1.0
F
1/28/91
Conference with Defendant
1.0
Computer check witnesses in Herald article
1.5
t
1/30/91.
I
Prepare pleading
1.0
1/31/91
Court hearing
1.0
Conference with State Attorney
.3
I
I
Interview Defendant
2.0
FEBRUARY,_ 1991
!
Date
Servi es
o a
2/1/91
Review discovery
.5
i
Computer research - Williams Rule
1.5
Witnesses
2/5/91
Review supplemental discovery and
conference with State Attorney regarding
comm. tapes
•5
Conference with Defendant
2.0
I
2/6/91
Computer check priors of Taylor incident
witnesses
•5
Review criminal files of witnesses at
j
Clerks office
2.0
2/8/91
Conference with Defendant
1.0
� 2/26/91
Court hearing
1.5
APRIL. 1991
Date
Services
Hours
4/3/91
Conference with Defendant
3.0
4/5/91
Court hearing
1.3
95_
d60
I
4/5/91
4/16/91
4/17/91
4/18/91
4/19/91
4/29/91
Date
5/2191
5/3/91
516/91
5/18/91
5/23/91
5/24/91
5128/91
MNB, 1991
Date
615191
6/6/91
6/7/91
Conference with State Attorney
Conference with Defendant: FOP meeting
Draft 119 request Sally Port December
Logs and booking photos and documents of
Santana 119 request Ward D December logs
Conference with P.D.
Prepare for deposition
Depositions
Review Santana traffic sheets and cars
Services
Prepare for depositions
Depositions
Court regarding Santana plea
Review December logs Sally Port and
Ward D
Conference with investigator regarding
missing Sally Port Logs
Depositions
119 Request P Sheets all Districts of Miami
Police Department for December.
Ss ices
Computer check of all Defendants arrested
on December Ward D logs for criminal
case #Is approximately 160 names
Computer check of all Defendants arrested
on December Ward D logs for criminal
case #Is approximately 160 names
Computer check of all Defendants arrested
on December Ward D logs for criminal
case #Is approximately 160 names
`.
1.5
1.0
.3
.3
4.0
8.0
2.0
Hours
3.0
7.0
2.0
7.0
.2
3.0
.2
Hours
95- 460
5.0
6.0
5.0
J
6/10/91
6/11/91
6/13/91
6/17/91
6/24/91
6/25/91
JLTLT . 1991
to
7/19/91
7/20/91
7/22/91
7/23/91
7/24/91
7/26/91
7/28/91
7/28/91
Computer check of all Defendants arrested
on December Ward D logs for criminal
case #'s approximately 160 names, examine
files order A -forms
Prepare for Santana Deposition
Depositions
Clerk's office regarding court files
on witness
Correspondence to city attorney regarding
City's 6/5/91 objection to 119 request for
P Sheets
Analysis of A forms/ Ward D and Sally
Port Logs for travel time between
both locations
Prepare for depositions
Court hearing
Depositions
Se ryices
Correspondence to State Attorney
Review State priors, prepare 119 request
Draft 119 request on State files on
witnesses
Prepare for depositions
Depositions
Review State Supplemental discovery
Correspondence to State Attorney
First Defense Witness List
Correspondence to State Attorney -
Defense Witness list
Motion for Limine - Taylor arrest
3
7.0
2.5
4.5
1.0
.2
4.0
1.0
1.0
1.5
Hours
.5
2.0
1.0
1.0
3.0
.3
.2
.5
95- 460
i
i
7/28/91 Telephone call with City Attorney
regarding P Sheets
7/30/91 Review States pleadings and
new discovery
119 request Defendant's internal affairs
files and control of persons reports and
personnel file
AUGUST. 1991
Pate
8/6/91
8/7/91
8/8/91
8/12191
8/13/91
8/15/91
9/16/91
8/19/91
8/20/91
8/21/91
aervicgs_
Telephone call - Officer Alicia regarding
Internal Affairs files
Review State files on all witnesses
Draft 119 request - October Logs Ward D
Organize Defense discovery documents
and witness list
Pick up State 119 files reviewed on
8/7/91
Depositions
Call Internal Affairs regarding Leon file
Review Commendations and Personnel file
Send Defense discovery response
Supplemental Defense Witness list
Court hearing
Review Internal Affairs files and control
of person reports
Review tape statements and medical record
Anderson
Court hearing
Conference with Defendant
Review all discovery for missing discovery
.3
Hours
.1
3.0
.1
.6
1.0
2.0
.3
3.0
.2
.1
1.0
2.0
3.0
1.5
1.0
3.0
95— 460
8/21/91
Correspondence with State re: missing
discovery
.2
8/27/91
Research Garrity/Kastigar Motion and draft
6.0
8/28/91
Review Supplemental Discovery
.3
8/28/91
Prepare for Anderson Deposition
3.0
8/29/91
Deposition
3.0
visit and photograph all scenes
Jail/Ward D/Alley
3.0
Time Trials police dept., Ward D,
alley way and jail
1.5
Canvass alley Area
1.0
SEPTEMBER,
Date
1991
Services
Hours
9/3/91
Research Williams Rule objection
4.0
9/4/91
Research Williams Rule objection
3.0
9/5/91
Draft Response to William Rule
.5
9/6/91
Troy Taylor Deposition
3.0
9/7/91
Conference with State - Supplemental
Witnesses
.3 „ L5
9/9/91
Draft Defendant's Motion for Limine
.3
F
Research
1.0
9/11/91
Court hearing
1.5
Conference with State
1.0
9/13/91
Conference with State -
Supplemental Discovery
.1
9/16/91
Review taped statements - Taylor
OCTOBER, 1991
and Santana
2.0
Date
sermices]gours
10/17/91
Federal Court regarding Taylor conviction
1.0
5
95-
460 cI
10/19/91
Review State subpoenas directed to
Officer Leon as a witness in pending cases
2.0
10/23/91
Draft 2nd request - October Ward D Log and
October Sally Port Logs
.3
10/23/91
Court files on Santana and Taylor
1.0
Review and collate Santana and Taylor
docket sheet argument
1.0
10/29/91
Order Taylor and Santana Transcripts
of their court hearings
.5
ISMMHER . 1991
Dade,
,Services
noun
11/4191
Analysis of Miami Police Dept - all
Districts P Sheets with Ward D and Sally
Port logo for December
6.0
11/5/91
Conference with Custodian of Records
DCJ follow up documents - Santana and
Anderson
.5
Prepare and draft supplemental witness
list (40 witnesses) cross reference
police and circuit case V a of
witnesses
6.0
Call Santana civil attorney
.2
Review Santana medical records
.5
11/12/91
Collate and send Troy Taylor documents
to
State
.5
11/13/91
Interview security guard/visit scene
alley
1.5
Conference with co -counsel
3.0
11/14/91
Supplemental Defendant's Witness list
.3
11/16/91
Prepare and organise standby trial
subpoenas
1.5
11/17/91
Outline Santana Depositions and
statements and prepare cross
10.0
i
6
/�
05-
460
11/18/91
Outline Santana Depositions and
statements and cross reference
other depositions and prepare cross
7.0
11/19/91
Santana third deposition
1.5
Attempteu surveillance of Santana
2.5
11/20/91
Research jury view
1.0
11/25/91
Discovery response and P Sheets for
State and Conference with State
.3
11/26/91
Re -order transcript of Santana Hearing
.2
11/27/91
Depositions
2.0
Civil Court house - Santana Research
2.0
Compile civil documents and correspondence
to State
.5
Conference with State
.5
11/29/91
Review State's supplemental discovery
1.0
Research State's Motions in Limine
5.5
D$CEMBML 1991
Date 2ME c e sours
12/1/91 Trial preparation, prepare cross and
outline depositions of Morris, Tamayo,
Cabrera, Sayih 5.0
12/2/91 Order video of Anderson bond hearing .5
Trial preparation, Khan, Troy, Cowen,
Gonzalez, Rivera 2.2
Prepare and outline Motion arguments 4.0
12/3/91 Court hearing .5
Pick up Anderson video .1
Obtain certified copies of conviction
of witnesses 3.0
6
95- 460
12/4/91
12/5/91
12/6/91
12/7/91
12/8/91
12/9/91
12/10/91
12/11/91
12/12/91
12/13/91
12/14/91
12/15/91
12/16/91
Outline history of convictions/arrests
of witnesses viz a viz instant offense
for admissability argument
Outline deposition of Woods, prepare cross
Court hearing - Motions
Investigation Public Safety Device, Inc.
for batteries/miscellaneous weapons
Investigation possible outstanding
embezzlement of Santana in Civil suit
Investigation - Wet booking photo of
Santana and incident reports of Santana
prior complaints
Prepare cross and outline deposition
of Davis, Valor, Latham, Trudeau, Johnson,
McDermott, Hill
Research possible charges State could
have filed against Santana
Research punishment of Taylor
Taylor outline deposition and prepare cross
Trial preparation/jury selection/opening
statement Cobitz cross
Trial preparation and trial
Deposition - interview Bedard
Trial preparation and trial
Trial preparation and trial
Trial preparation and trial
Trial preparation and trial
Airport - witness plane reservation
Trial preparation
Interview Defendant
Trial Preparation and trial
8
1.5
2.0
4.0
2.0
2.0
2.5
7.0
1.0
.5
7.0
8.0
12.0
12.0
12.0
12.0
12.0
95- 460
M
12/17/91 Trial preparation and trial 12•0
12/31191 Draft pleading .5
JANCT 1' . 1992
Date Services Hours
i
1/15/92 Court hearing 1
Total hours 386.7
I 386.7 hours 0 $250.00/hr. $96,675.00
i
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IN THE CIRCUIT COURT OF TIM ELEVENTH JUDICIAL CIRCUIT
IN AND FOR DADE COUNTY, FT,ORIDA SPRING TERM, 1991 �
THE STATE OF FLORIDA V. INFORMATION FOR q 1 - /d, v
JORGB LEON and FRANCISCO TORRES I. AGGRAVATED SATT4RYC,
784.045(1) (b) Fel o c""g
n
nsx r
Defondant(n) M
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IN THE NAME AND BY AUTHORITY OF THE STATE OF FLORIDA: N U') i
I, DAVID RANCK, Assistant State Attorney of the Eleventh Judicial Circuit Of
Florida, on the authority of JAM MMO, State Attorney, prosecuting for the State of
Florida, in the County of Dade, under oath, information makes that JORGE LEON and,
ZRANCISCO TORRES on ON OR ABOUT DECEMBER 8, 1990 AND/OR DECEMBER 9, 1990, In the County
and state aforesaid, did unlawfully and feloniously commit an aggravated battery upon,
JUAN SANTANA by actually and Intentionally touching or striking the person of JUAN'
SANTANA against his will by: hitting Bind/or punching and/or kicking JUAN SANTANA with a
deadly weapon, to wits a blunt object and/or a battery in violation of 784.045 (1)(a)(2),
Florida Statutes, contrary to the form of the Statute in ouch caoee made and provided,
and against the peace and dignity of the State of Florida.
STATE OF FLORIDA, COUNTY OF DADEs
Personally appeared before me,. the Assistant State Attorney of the Eleventh Judicial Circuit of Florida
whose signature appears below, and being first duly sworn, says that the allegations set forth in thi
Information are based upon facts which have been sworn to as true, and which if true, would constitute th
offenses therein charged, and that this prosecution is instituted in od fai�h.
Assistarft State Attorney
Florida Bar 1356669 pp t
Sworn try and subscribed before me this —mil— day of 19 ll
I
OR:rhg.7/23/91
AMENDED INFORMATION �j
91-1203, r�i;OU By
DAVIS (20 t► .....,ty Deputy Cleo k for the Clerk of the Courts
�NCl
tp or Notary Public
70 tlo
STATE OF FLORIDA, COUNTY OF DADE
"''•'» "d'�' ►f�YCO',TFYCt'� r aroersa
a�^ow i crE,�irrtr..IbhCr,c9r., /� 9
1 ARSHAU
95 ._
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IN THE CIRCUIT COUNT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA.
IN THr- COUNTY COURT IN AND FOR DADE COUNTY, FLORIDA.
CASE: NUMBER
DIVISION JUDGMENT
® CRIMINAL OF
❑ TRAFFIC
IC 91-1203-A
ACQUITTAL
OTHE
THE STATE OF FLORIDA VS. F I L E D.
JORGE L1:ON
DEC IV 1991
PLAINTIFF DEFENDANT G7WRK
IT APPEARING UNTO THE COURT that you, JORGE LEON have been found
NOT GUILTY by: ® Verdict of a jury
❑ The Court sitting without a jury
of the offense(s) of BATTERY, as reduced by Court
IT fS THEREFORE ORDERED AND ADJUDGED that you stand acquitted of the otfense(s) as set forth above and
IT IS FURTHER ORDERED AND ADJUDGED that you are hereby discharged In the above -styled cause and your
sureties exonerated.
DONE AND ORDERED at Miami, Florida this 17th day of DECEMBER 19 91
ARTHUR MAGINNIS for JU GE HILLIP S. DAVIS
I
iTATL QF FLORIDA, COUNTY OF DADE
.,err
4RSHALL C COI�tS
l
79791f �•� .ol
0F!".::R-c 8K
15328PG3060
pECORDED
JAN 0 7 1992
Clerk of Cir.u;t
& County C0143
95- 460
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