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Home My WebLink AboutM-95-0643KLAUSNER & COHFN, P.A. ATTORNEYS AT LAW �.1- 1... t 4.-11.r� •i Stephen P. Clark, Mayor City of Miami 3500 Pan American Drive Miami, FL 33131 95 �IUL 12 W q: 30 July 6, 1995 Re: Reimbursement of Attorney's Fees for Lt. Michael Christopher Our File No. 95-0128 Dear Mayor Clark: SUITE 200 6565 TAFT STREET HOLLYWOOD. FLORIDA 33024 BROWARD: (305) 961.1222 DADE: (305) 620.6565 FAX: (305) 981.0088 This is a request for reimbursement of attorney's fees for Lt. Michael Christopher who is a retired Miami police lieutenant. The investigation of Lt. Christopher began in 1988, and ended just recently when the singular criminal charge which had been lodged against him was dismissed. Throughout Lt. Christopher's ordeal, he was represented by Carl Masztal. Mr. Masztal represented Mike Christopher in matters related to his appearance before a federal grand jury and in matters relating to a lengthy federal criminal investigation. Mr. Masztal was successful in keeping Mr. Christopher from being indicted by the federal grand jury. The State, however, charged Lt. Christopher with one count of perjury in Case No. 91-41915. Mr. Masztal engaged in a comprehensive and thorough investigation, personally interviewing numerous witnesses. Mr. Masztal also took numerous depositions and engaged in a lengthy motion to suppress hearing. The case was set for trial on several occasions. Each time, Mr. Masztal worked to prepare the case for trial. The State offered•Lt. Christopher_ numerous plea bargains, but Lt. Christopher refused them all. Lt. Christopher was innocent and was not willing to plead guilty and demanded his right to be vindicated through a jury trial. The State finally realized that its case was hopeless and entered a nolle prosequi. A reasonable fee for Mr. Masztal's defense of Mr. Christopher is $100,000.00. 95-- 643 C,20-O Stephen P. Clark, Mayor City of Miami July 6, 1995 Page 2 Request is hereby made pursuant to the common law doctrine established in Thornber v City of Fort Walton Beach and Lomello v.- city of Sunrise for the payment of reasonable attorneys' fees and costs. Additionally, Lt. Christopher clearly meets the guidelines that were developed informally by the City Commission and the City Attorney's office for reimbursement of attorneys' fees. Lt. Christopher has not been found guilty and continued working long after the allegations were made against him without being accused of any administrative wrongdoing. Please advise if you have any additional questions which should be answered prior to placing the matter on the next City Commission agenda. Very 4 ruly yours, Ro ald J. Cohen RJC/nla cc: Michael Christopher A. Quinn Jones, City Attorney Cesar Odio, City Manager Elvi Gallastegui, Agenda Coordinator Carl Masztal, Esq. President Al Cotera, FOP 20 IN KLAUSNER &: COHIMN. P.A. ATTORNEYS AT LAW SUITE 200 ~ C r n 6565 TAFT STREET HOLLYWOOD. FLORIDA 33024 BROWARD: (305) 961-1222 DADE: (305) 620.6565 FAX: (305) 981.0088 June 30, 1995 The Honorable Stephen P. Clark, Mayor City of Miami 3500 Pan American Drive Miami, Florida 33131 Re: Douglas Rasmussen vs. City of Miami, et al. Our File No.: 19-0072-93 Dear Mayor Clark: Police Officer Juan E. Mendez was sued by Douglas Rasmussen in United States District Court, Case No.: 92-1986-Civ-Hurley. The Co-defendants in the case were the City of Miami, City of Miami Police Department, Dade County, Dade County Court Clerk, the State of Florida and the State of Florida Department of Motor Vehicles. Early on, the City Attorney s Office decided not to represent Officer Mendez because the City Attorney"s Office previously declined to represent him in another case where he was a Co - Defendant with the City. The City Attorney recognized, however, that Officer Mendez was entitled to a defense and stated that they would recommend to the City Commission that Officer Mendez be provided with the defense, with a reservation of rights. We proceeded to represent Officer Mendez in the lawsuit and are pleased to report that the case has been resolved with a very favorable settlement. There was no finding that Officer Mendez acted inappropriately in any fashion and in fact, Officer Mendez has not received any discipline for the incident. If there had not been a conflict of interest, the City Attorney would have represented officer Mendez. Because of the conflict of interest, from another case, we represented Officer Mendez. Our total fees and expenses for representing Officer Mendez were $12,942.15. The City has previously paid us $1,500.00. We are 95- 643 -3 Stephen P. Clark, Major City of Miami June 30, 1995 Page 2 thus seeking reimbursement for the sum of $11,442.15. This is at the usual billing rate that we bill the Fraternal Order of Police. Please place this matter on the next City Commission Agenda for Commission approval. Very truly yours, j Ronald J. Cohen RJC/nla cc: A. Quinn Jones, III, City Attorney Cesar'Odio, City Manager Al Cotera, FOP President H R,jAUSNER & COHEN. P.A. ATTORNEYS AT LAW Stephen P. Clark, Mayor City of Miami 3500 Pan American Drive Miami, FL 33131 i� l � ' F�,r, ^'F �)�'1� '' fir•'+'t' �:G � AFC jp, 3? August 9, 1995 Re: Reimbursement of Attorney's Fees for Officer Jesus Aguero Our File No.: 94-0151 Dear Mayor Clark: SUITE 200 6565 TAFT STREET HOLLYWOOD. FLORIDA 33024 BROWARD; (305) 9e1.1222 DADE: (305) 620.6565 FAX: (305) 961.0066 This is a request for reimbursement of attorney's fees for Officer Jesus Aguero, who is a Miami police officer. Officer Aguero was indicted along with other officers in the case of United States of America v. Jesus Aguero, Case No. 93-352-CR-MARCUS. Beginning several years before trial and continuing through the trial, Officer Aguero was represented by Harry M. Solomon, who is board certified in the field of criminal defense. Pretrial preparation, for the trial was an enormous undertaking. Massive amounts of pretrial discovery was given to the defense and there were a number of pretrial motions filed, argued and decided. The trial itself was lengthy, taking over eleven (11) weeks. At the conclusion of the government's case, Judge Marcus entered a Judgment of Acquittal as to the conspiracy count of the indictment. The jury found Aguero not guilty of the remaining two counts against him. Thus, Aguero was not found guilty of any of the charges against him. Aguero has been reinstated on a fulltime basis, and is once again protecting the citizens of the City of Miami from the criminal element. Mr. Solomon estimates that his reasonable fee for defending this case is $147,201.25. Request is hereby made, pursuant to the common law doctrine established in Thornber v. City of Fort Walton Beach and Lomello v. City of Sunrise, for the payment of reasonable attorney's fees and 05- 643 Stephen P. Clark, Mayor City of Miami August 9, 1995 Page 2 costs. Additionally, Officer Aguero clearly meets the guidelines that were developed informally by the City Commission and the City Attorney's Office for reimbursement of attorney's fees. Officer Aguero has been found not guilty and continues to be employed by the City of Miami. i j Please advise if you have any additional questions that should be answered prior to placing the matter on the next City Commission agenda. Very ruly yours, i onald J. Cohen RJC/nla cc: Jesus Aguero A. Quinn Jones, City Attorney Cesar Odio, City Manager Elvi Gallastegui, Agenda Coordinator Harry M. Solomon, Esquire Al Cotera, President -FOP 20 n KLAU SNER & C OXIEN. P.,& ATTOANgYG AT LAW SUITS 20o 0508 TArr OTnUCT HOLLYWOOD. FLORIDA 33024 ONOWAR01 4008) 861.11tiky1 DAM t3OG1 eac.aees FAX1 (300) 981.009e August 10, 1998 Honorable 8taphan P. Clark, Mayor Metropolitan Dads County 111 N.W. lot Street Suite 230 Miami, rL 33128 Re: Snyder. v. City of'Miami, at al. Our File No.: 19-0285-90 Door Mayor Clark: Tom Trujillo in a long-standing member of the Miami Police Department. He is also a defendant in the civil case captioned above. For Many years, we have been representing Officer Trujillo in this case. We have been doing so because shortly after the ons:a was served, the city wrote to Officer Trujillo informing hire that it would not represent him. A dopy of that letter is anolosed. At this time, Officer Trujillo mosts all the, guidelines which have been established between the •FOP and the City for the City to furnish Ofticer Trujillo with a derense. Officer Trujillo has not been found guilty in any court of any wrongdoing in connection with' this matter. indeed, he was found not guilty by a federal jury. Additionally, he continues to work for the city where he is a fully functioning member of the police department. Accordingly, we believe it is appropriate ;for the City to pay for Officer Trujillo's defense. Please let us know how you would like to proceed. ver truly yours, ly �7'G/nla 4a1�d&T.Cohen , Enclosure act A. Quinn cones, XXT, City Attorney Al Cotera, President SOP 020 % I L MCI= JUN - 5 1989 QL ft IORCE L, FERNMOU City Allorney June 2, 1989 Band Delivered Officer Tom Trujillo Internal Security Unit 400 Northwest Second Avenue Miami, Florida 33128 Rai Maritsa.Soto, eta., et al. vs. City of Miami, Perry Anderson, Pablo Camacho, Charley Haynes, Ronald Sinclair, Tam Trujillo, Nathaniel Veal J'r. r Andrew Watson, Mike Christopher, and Manuel oroea Cake No.: 88-53801 CA 05 Dear Officer Trujillo: Tuloropierl, 1303) .174.47aD As you are aware, you havebeen cued in your individual capacity in the above -styled action. Although the lawsuit alleges that you were acting within the course and scope of your employment as a city, of Miami police officer at. the time of the Alleged incident and subsequent thereto, a must advise you that the city hays concluded that it cannot represent you in this matter and that it will be necessary for you to obtain your own attorney at your own expense. Robert Hlausner, the attorney for the Fraternal Order of Police, was previously advised of the same. once you have obtained counsel to represent you in this matter, you may have your attorney: contact me to obtain copies of appropriate documents necessary for your Aefense. Please govern yourself accordingly P893/CCM/bJr cc: Robert Klausner, Esquire David Doodhart, Esquire very ,Voy yours warles c. Mays Asaiatant City A orney r� OFFICE OF THE CITY AWORNEW1100 AmeriFirst 0uililinb/Onc Sowhum Third Avenue/Mlaml, Florida 33131 p_ f 5- C 4 3 v