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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 0 "iflflUBl6 - 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. 1221 14 a mmi, A%Y.si g MIAMI. VIA)I llA 3111;11 305-579-05011 Vex 311.AA70.11717 MI,W tMIT I.A1103II1A1•If vt v,4riw a HI -At n TA13-AIIA..'*Ilr. Nm VO4U WA'41tIYI:'►tt\ 1)t' ,41,Si��;ti"y�l 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. 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'.' . .. �rJpue aed Jt1•t: jetpeud) . ' - e x 7. J3 of OeiVOW a.e E). Ps rwm 3811. AW. imEn 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