HomeMy WebLinkAboutR-95-0284J-95-454
4/27/95
RESOLUTION NO. 9 5- 284
A RESOLUTION, AUTHORIZING THE DIRECTOR OF THE
FINANCE DEPARTMENT TO ISSUE A CHECK PAYABLE
TO THE TRUST ACCOUNT OF THE LAW FIRM OF
KLAUSNER AND COHEN, P.A. IN THE AMOUNT OF
$64,600.00 FOR ATTORNEYS' FEES AND COSTS
INCURRED BY THE FRATERNAL ORDER OF POLICE,
MIAMI LODGE 20, FOR THE REPRESENTATION OF
FRANCISCO TORRES, POLICE OFFICER, IN THE CASE
OF STATE OF FLORIDA VS. FRANCISCO TORRES,
DADE COUNTY CIRCUIT COURT CASE NO.: 91-1203B;
ALLOCATING FUNDS THEREFOR, IN THE AMOUNT OF
$64,600.00, FROM THE CITY OF MIAMI'S
SELF-INSURANCE AND INSURANCE TRUST FUND.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The Director of the Finance Department is
hereby authorized to issue a check payable to the trust account
of the law firm of Klausner and Cohen, P.A. in the amount of
$64,600.00 for attorneys' fees and costs incurred by the
Fraternal Order of Police, Miami Lodge 20, for the representation
of Francisco Torres, police officer, in the case of State of
Florida vs. Francisco Torres, Dade County Circuit Court Case
No.: 91-1203B, with funds therefor hereby allocated from the City
of Miami's Self -Insurance and Insurance Trust Fund.
Section 2. This Resolution shall become effective immediately
upon its adoption.
CITY CoivIIMSION
MEETING Or
APR 2 7 1995
Resolution No.
95- 284
PASSED AND ADOPTED this 27th day of APRIL, 1995.
STEP EN P. CLARK, MAYOR
ATTEST:
LVI 1 1, Y m J. KA.I.
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
(� � �"' /' - /`f
NN 700S1 II
CITY ATT Y
AQJ/Reao/W092
2- 95- 284
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JaAvdNmkt dro CJOUSN, P.A.
ATTpRN[YS AT LAW
su1TE aoo
068a TAFTSTREET
H01.4.YWOOD, FLORIDA 22024
SROWARD; 13051 M-129'
OADQf 12001 620-0565
r^X1 (90W 001.0000
November 9, 1994.
Stephen P. Clark, Mayor
city or Miami
3800 Pan American Drive
xiami, FLU 33121
Re: Reimbursement of Attorney's Fees
for Officer Francisco Torres
our File No. 94-0088-19
near Mayor Clarks
This' is a request for reimbursement of attorneys tees for Officer
Francisco Torres who is a Miami police officer accused of buttery
against a prisoner.
Officer Torres was accused of beating an offender during the period
of time that the offender was being transported to the Dade County
jail.
The fauLs which came out of the trial are that the 'victim" arrived
at the jail with no injuries and -in fact, had inflicted a broken
nose on a police officer at the time of his arrest. The victim
claimed that he was not well enough to seek medical attention, but
in fact, was well enough to be interviewed by Internal Affairs and
visit a personal injury lawyer.
The medical evidence raented yet trial by Dec. Davis, tha county
Medical :Examiner, ind�lecated that it was medically impossible for
the "victim" to have suffered the injuries which he claimed. In
addition, the three corrections orricers who processed this
individual at the time of his fingerprinting and photographing said
he showed no sign of injury, nor olaimed of pain.
After a week and a half of trial, the jury acquitted Officer Torres
in 28 minutes.
We 'believe that a reasonable fee for representation of Offioer
Torres in thin case of $64,600.00 is appropriate. A copy of
Attorney Alberto Sarasua's time records are enclosed �:-
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9 5 - 284 �3-/
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stsphen P. Clark, mayor
November s, 1994
aPaae 2
Request is hereby made pursuant to the common leer doctrine
established in Thornbar v. �.�y_of Fort Walton Beagh and Lomelio v,
city f s—►rise for reimbursement of attorneys' lees and costs.
Addition Afficer Torres clearly meets the guidelines that were
developed informally by the City Commiumion and the City Attorney's
africe for reimbursement of iattornoys# tvis. Officer Torras has
been found not guilty and has not been accused of any
adainibadrative wrongdoing.
Please advise if you have any additional questions which should be
answered prior to Placing the matter on the next City Commivaion
agenda, /I
RDR4Jm
Enc osure
ee: A. Quinn Jonas, City Attorney
Cesar Odic, City Manager
Alberto sarasua, Esq.
Francisco Torres
President Al Cotera, MY 20
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95- 284
VVV 47 g: B O 5 B ' a t T O
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DATE
SERVICE
TYRE
1/03/91
INTERVIEW CLIENT
3.00
1/24
INTERVIEW CLIENT
1•5U
1/31
IN COURT
1.00
of
CONFERENCE W/ ASA
.25
to
INTERVIEW CLIENT
3.50
2/05
REVIEW URIUINAL AND AUDITTIONAL DISCOVERY
.75
2/06
CHECK GRIM. FILES OF STATE WITH.
2.00.
2/15
INTERVIEW CLIENT
3.00
2/26
2/28-12/05
IN COURT
LEGAL RESEARCH
1.50
52.00
3/13
CONFERENCE W/ ASA
1.00
3/14
INTERVIEW CLIENT
1.00
4/05
IN COURT
1.50
of
INTERVIEW CLIENT
2.00
"
CONFERENCE W/ ASA
1.00
4/17
PREP DENU
3.00
4/19
DEPOS
7.00
11
INTERVIEW CLIENT
.50
5/02
PREP REPO
2.50
5/23
REVIEW PREP
1.50
5/24
DBF03
3.00
5/28
INTERVIEW CLIENT
2.00
6/08
PREP DEPO
3.00
6/ 1.1
DEPOS
4.50
to
INTERVIEW CLIENT
1.OD
6/22
PREP REPO
1.50
6/25
IN COURT
1.00
if
DEPOS
1.50
7/22
PREP DEPO
1.00
7/23
DEPOS
3.00
INTERVIEW CLIENT
.50
8/12
REVIEW FILE/PREP REPO
5.00
8/13
DEPOS
2.00
8/16
IN COURT
1.20
CALL I/A
8/20
IN COURT
1.00
if
INTERVIEW,CLIENT
1.00
It
REVIEW I/A FILES, ANDERSON TAPE, MED.REC
4.UU
8/22
COMPLIANCE W/ CO/COUNSEL REQUEST TO CHECK
ALL DISCO FOR COMPLIANCE
2.50
8/28
PREP REPO
2.75
1,
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95- :84
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DATE
SERVIC)s
TIME
6/29
DEPO
3.00
"
VISIT CRIME LOCATIONS, CHECK TIME/DISTANCE,
CONFERENCE W/ ASA AT WARD D, CHBUK LOCNL
STORES/WAREHS. FOR WITH.
5.50
9/05
PREP DEPO
1.75
9/nA
DEPO
2.75
it
INTERVIEW CLIENT
.5U
9/11�
IN COURT
1.50
•'
CONrERENCE W/ ASA
.75
9/26-27
REVIEW
4.00
10/10
INTERVIEW CLIENT
2.00
10/20-23
COLLATE/REVIEW TRANSPORT RECORDS FROM
MPD AND DCC
4.50
11/07
INTERVIEW CLIENT
.50
11/1.3
INTERVIEW SECURITY CO. MANAGER/VISIT ALLEY 1.50
CONF, W/ CO -COUNSEL
3.OU
11/14-18
TRIAL PREP
15.00
11/1.9
DEPO/SURVEILLANCE
4.00
11127
REPO
2.00
of
CHECK CIVIL FILES ON SANTANA'S
2.00
11/29-12/8
TRIAL PREP
35.00
12/02
S7RM ANDERSON BOND VIDEO
.50
12/03
IN. COURT
• 50
11
CET ANDERSON VIDEO
.25
it
CLERK'S OFFICE CERTIFIED COPIES OF
CONVICTIONS AND A FORDS OF WITN.
3.00
12/04
IN COURT
4.00
12105
CHECK POSSIBLE ALTERNATIVE WEAPONS
2.00
12/06
CHECK ARREST%PROCESSING PHOTOS, RECORDS
DCJ, AND MDPD HQ.
2.50
12109
TRIAL, TRIAL PREP, DEPO.
12.00
12/10
TRIAL, TRIAL PREP
12.00
12/11
TRIAL, 'TRIAL PREP
12.00
12/13
TRIAL, TRIAL PREP
12.00
12/14
TRIAL PREP
7.00
12/15
INTERVIEW CLIENT
7.00
12/16
TRIAL, TRIAL PREP
12.00
12/17
TRIAL, TRIAL PREP
10.00
.TOTAL HOURS
323.00
TIMES 6200
$64 600.00
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95- 284
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