HomeMy WebLinkAboutR-95-0514RESOLUTION NO. 9 5- 514
A RESOLUTION AUTHORIZING THE PAYMENT OF
$75,000 TO THE LAW FIRM OF GREGORY C. DENARO,
P.A., IN FULL SETTLEMENT OF ANY AND ALL
CLAIMS FOR ATTORNEYS' FEES AND COSTS INCURRED
BY MIAMI POLICE OFFICER JORGE LEON, IN THE
CASE OF STATE OF FLORIDA V. JORGE LEON,
et al, CIRCUIT COURT CASE NO. 91-1203;
ALLOCATING FUNDS THEREFOR 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 payment of $75,000 to the law firm of
Gregory C. Denaro, P.A., in full settlement of any and all claims
for attorneys' fees and costs incurred by Miami Police Officer
Jorge Leon, in the case of State of Florida v. Jorge Leon, et al,
Circuit Court Case No. 91-1203, is hereby authorized, 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.
Y CON1mSSIUN
MEETING OF.
J U L 1 3 1995
Resolution No.
95- 514
PASSED AND ADOPTED this 13th day July 1995.
STEP EN P. CLAR , MAYOR
ATTEST,:
-- WALTER J WE
CITY CLEW
APPROVED AS TO FORM
AND CORRECTNESS:
A. NN O S, III
CITY ATTOP198Y
AQJ/rcl/bss/W251
- 2-
95- 514
P
6NEENBEfl6
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May lt3 1995
Honorable Stephen P. Clark, and
Members of the City Cuuunia»iou _
City of Mina
3500 Pan American drive
141 farm, Florida $31.33
Res bequest for payment of Attorneye Faax for a c iceemffil representation
of Officer Jorge 1 Ann
Dear Sirs:
Attached you wM find a letter prepared by my client Gregory Denaro who
successfully represented the above -referenced officer in a criminal case during the
performs= of his duties as a Miami Police Officer. Officer Leon was charged along with
Francisco Torres who was represented by Alberto Sarasua. My understanding Is that you
approved Mr. Sarasua'a fees in the amount of $64,600,00. In as much as Greg Denaro was
the lead counsel in the case for both officers, his fees amount to $96,675.00.
You will find attached a 1992 request by Gregory Denaro to pay hts fees, a copy of
his invoice, and.the charging document of the State of Florida.
Please advise It you have any V uatiUm-
Sinccro y,
Lucia A. DouSberty
LAD/bh 9 5 —
Fnclosuresi
cc: A. Guinn Jones, Esq.
GANKNHt;IM T11AIMIG' 11ttYe• us l.lPnr'V kt(V VN & yt WIWI., I+. A.
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LAW OFFICES
GREGORY C, DENARO, PA.
21;80 OOUGLAS ROAD
SUITE ..300
CORAL GA®"ES. FL.ORIOA 33133
GREGORY C. DENARO
MCMEGI Of, /LARIOA AND NEW YOPK BAUD
NANCY C. OENARO
of, UNSEt.
February 4, 1992
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
City of Miami
Mayor's Office
3500 Pan American Drive
Miami, Florida 33133
-and-
MCPMONE
(305) 448.9796
FAC 944LC
(305) 529.9102
Warren Bittner
Attorney for. City of Miami
300 Biscayne Blvd.
Suits 300
Miami, Florida 33131
Res Claim for attorney's fees
against City of Miami
•t
Dear Sirs:
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
$_unrise1 423 So.2d 974 (4;:h DCA) and Thornber v. City of Fort,
Walton Beach, 568 So.2d 914 (Fla. 1990) and their progeny, this
claim and demand is made for the City of Miami to pay undersigned
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 Lo e o and followed by the Supreme Court of
Florida:
i
514
"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.
Sincgreiv,
Grs
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PS Form
*USAPd, nw•"s•Aes DOMESTIC RETURN RECEIPT
PQ
--� .v..R+s�f•tt6
lets tteme
1 Wis caid
DOMESTIC RETURN RECEIPT
JANUARY. 1991
Date
dices
1/22/91
Interview Defendant
1/24/91
Conference with State Attorney
1/25/91
Conference with Defendant
1/28/91
Conference with Defendant
Computer check witnesses in Herald article
1/Q/91.
Prepare pleading
1/31/91
Court hearing
Conference with State Attorney
Interview Defendant
FEBRUARY ,,,. 1921
DtRte
Se,�,�C@s .
2/1/91
Review discovery
Computer research - Williams Rule
-
Witnesses
2/5/91
Review supplemental discdovery and
conference with State Attorney regarding
comm. tapes
Conference with Defendant
2/5/91
Computer check priors of Taylor incident
-
witnesses
Review criminal files of witnesses at
Clerks office
2/8/91
Conference with Defendant
2/26/91
Court hearing
ARIL. 1991
Date Services
4/3/91 Conference with Defendant
4/5/91 Court hearing
95- 514
Hours
5.0
.5
1.0
1.0
1.5
1.0
1.0
.3
2.0
Re
.5
1.5
.5
2.0
.5
2.0
1.0
1.5
Hours
3.0
1.3
4/5/91
Conference with State Attorney
4/16/91
Conference with Defendant: FOP meeting
4/17/91
Draft 119 request Sally Port December
Logo and booking photos and documents of
Santana 119 request Ward D December logs
4/18/91
Conference with P.D.
Prepare for deposition
4/19/91
Depositions
4/29/91
Review Santana traffic sheets and cars
MAY, 1921
Date
Services
5/2/91
Prepare for depositions
5/3/91
Depositions
i
r 5/6/91
Court regarding Santana plea
5/18/91
Review December logs Sally Port and
5/23/91
Ward D
Conference with investigator regarding
missing Sally Port Logs
Depositions
119 Request P Sheets all Districts of Miami
Police Department for December.
S®rnic®s
Computer check of all Defendants arrested
on December Ward D loge 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
`;
.3
.3
4.0
8.0
2.0
Hours
3.0
7.0
2.0
7.0
.2
3.0
.2
Hours
5.0
6.0
5.0
u 514
4 1r
6/10/91
Computer check of all Defendants arrested
on December Ward logs for criminal
case. #'s approximately 160 names, examine
files order A -forms
Prepare for Santana Deposition
6/11/91
Depositions
6/13/91
Clerk's office regarding court files
on witness
6/17/91
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
6/24/91
Prepare for depositions
6/25/91
Court hearing
Depositions
XMYX. 1991
Date
7/19/91
7/20/91
7/22/91
7/23/9.1
7/24191.
7/26/91
7/28/91
7/28/91
Services
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
95- 514
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
.5
.5
7/28/91
Telephone call with City Attorney
regarding P Sheets
7/30/91
Review State's pleadings and
new discovery
119 request Defendant's internal affairs
files and control of persons reports and
' �UGUBT. i991
personnel file
p
1Raic2a
-8/6/91
Telephone -aA11 - Officer Alicia regarding
internal Affairs files
8/7/91
Review State files on all witnesses
8/8/91
Draft 119 request _ October Logs Ward D
8/12/91
organise Defense discovery documents
and witness list
8/13/91
nick 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
8/15/91
Supplemental Defense Witness list
8116191
Court hearing
Review Internal Affairs files and control
of person reports
8/19/91
Review tape statements and medical record
Anderson
8/20/91
Court hearing
Conference with Defendant
8/21/91
Review all discovery for missing discovery
4
.1
.3
.3
our
.l
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-- 514
s ,
i
8/21/91
Correspondence with State rat 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
SEPT�MBER,
Canvass alley Area
1991
1.0
22,E
S2rvices
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
9/9/91
Draft Defendant's Motion for.Limine
.3
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
OCTOSSR. 1991
and Santana
2.0
PAIR
Services
Hours
10/17/91
Pederal Court regarding Taylor conviction
1.0
5
95- 514
ti
u
i 10/19/91 Review State subpoenas directed to
Officer ]Leon as a witness in pending cases
10/23/91 Draft 2nd request - October Ward D Log and
October Sally Port Logs
10/23/91 Court files on Santana and Taylor
Review and collate Santana And Taylor
docket sheet argument
i
10/29/91 Order Taylor and Santana Transcripts
of their court hearings
NOVEMEi ,_121
B,� Services
11/4/91 Analysis of Miami Police Dept - all
Districts P Sheets with Ward D and Sally
11/5/91
11/12/91
to
11/13/91
Post logo for December
Conference with Custodian of Records
DCJ follow up documents - Santana and
Anderson
Prepare and draft supplemental witness
list (40 witnesses) cross reference
police and circuit case #'a of
witnesses
Call Santana civil attorney
Review Santana medical records
Collate and send Troy Taylor
State
Interview security guard/visit scene
alley
Conference with co -counsel
Supplemental Defendant's Witness list
Prepare and organize standby trial
subpoenas
Outline Santana Depositions and
statements and prepare cross
r,
e
2.0
.3
1.0
1.0
.5
Hours
6.0
.5
6.0
.2
.5
documents
.5
95- 514
11/18/91
Outline Santana Depositions and
statements and cross reference
other depositions and prepare cross
7.0
11/19/91
Santanathirddeposition
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
DECEMBER . 19 91
Date
12/1/91
Sys
Trial preparation, prepare cross and
outline depositions of Morris, Tamayo,
Cabrera, Sayih
Order video of Anderson bond hearing
Trial preparation, khan, Troy, Cowen,
Gonzalez, Rivera
Prepare and outline Motion arguments
Court hearing
Pick up Anderson video
Obtain certified copies of conviction
of witnesses
7
5.0
.5
2.2.
4.0
.5
.1
3.0
514
r
12/4/91 Outline history of convictions/arrests --�-
of witnesses viz a viz instant offense
for admissibility argument
Outline deposition of Woods, prepare cross
Court hearing - Motions
12/5/91 Investigation Public Safety Device, Inca
for batteries/miscellaneous weapons
Investigation possible outstanding
embezzlement of Santana in Civil suit
12/6/91 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
12/7/91
12/8/91
12/9/91
12/10/91
12/11/91
12/12/91
12/13/91
12/14/91
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
Trialpreparation 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
1.5
8.0
7.0
12.0
95- 514
12.0
.5
Hours
lil
386.7
386.7 hours 0 $250.00/hr. $96?675-00
95- 514
/3
u.
r
IN TILE CIRCUIT COURT OF T11C ELEVENTH JUDICIAL CIRCUIT f
IN AND FOR DADS COUNTY, FLORIDA SPRING TERM, 1991
THE STATE OF FLORIDA v. xNFORMATION FOR 7-T
JORGE LEON and F'RANCISCO TORRES I- AGr-RAVATED BATTERY C
784.045(1)(b)
r=-
Defendant(e) r5r1—,-,
_ 'n
o
IN THE RAKE AND BY AUTHORITY of THR STATE OF FLORIDA: � N ` Ul
I, DAVID RANCK, Assistant State Attorney of the Eleventh Judicial Circuit of
Florida, on the authority of JAM RENO, State Attorney, prosecuting for the State of
Florida, In the County of Dade, under oath, information makes that JORGE LEON am
FRANCISCO TORRES on ON OR ABOUT DECEMBER 8, 1990 AND/OR DECEMBER 9, 1990, in the Count}
and State aforesaid, did unlawfully and feloniously commit an aggravated battery upon
JUAN SANTANA by actually and Intentionally touching or striking the person of JUk
SANTANA against his will bye hitting and/or punching and/or kicking JUAN SANTANA with
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 such cases made and provided
and against the peace end 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 Floric
whose signature appears below, and being first duly sworn, says that the allegations set forth in t-
Information are based upon facts which have been sworn to as true, and which if true, Would constitute
offenses therein charged, and that this prosecution is instituted in od faifh.
Assists t State Attorney
Florida Bar 13566e9
Sworn to and subscribed before me this 4 � day of ig 6
DRtrhg:7/23/91
AMENDED INFORMATION
91-1203. By
Dnvi< Deputy Cl k for the Clerk of the Courts
t or Notary Public
STATE OF FLORIDA, COUNTY OF: D
C i77Ct7Q A.DE `a•••••,r
MARSHALL
cLES'� /JJ
514
0
4
-'IN THE CIRCUIT COUNT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA.
IN THC COUNTY COURT IN AND FOR DADE COUNTY, FLORIDA.
DIVISION JUDGMENT CASE NUMBER
® CRIMINAL OF
❑ TRAFFIC ACQUITTAL 91-1203-A
OTHER
THE STATE OF FLORIDA VS. CLOCK I
PLAINTIFF
JORGE LEON
DEFENDANT
J ! Lr. t 1)
DECK I99f
CWRK
IT APPEARING UNTO THE COURT that you, JORGE NEON 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 IS THEREFORE ORDERED AND ADJUDGED that you stand acquitted of the offenses) 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
ARTHUR MAGINNIS for JU GE HILLIP S. DAVIS
I
r
"TATC QF FLORIDA, COUNTY OF DADE
l •
���rf111pW0: A1HY.r Y01
91
OFF;:R:C 8K
I5328PG3060
95- 514
RECORDED
DED
JAN 0 7 1992
Clerk of Or.uit
✓k Godntr cvjl6_ —
4