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Home My WebLink AboutM-94-0759N NLA,Y.TS"R 46 COHIDN, P-A, AY'TORN V9 AT LAW August 33,'199� Stephan P. Clark, Mayor City of Miami 3300 Pan American Drive Miami, FL. 33131 ; As: Reimbursement of Attorneys Pass for officer Thomas Trujillo our File No, 19-0050-93 near Mayor Clark: 15 RutT£ 200 8585 TA" STREET HM.WWO00, RLORMA 3302A BROWARO, (0061 991.1222 DAME, 408) 820-aOSS FAX: (30E) M-00818 This'in a request for reimbursement of attorney's fees for.officer Thomas Trujillo. Off ioer Trujillo was indicated by a Federal .Grand Jury which alleged that he committed various crimes in the case of Leonardo Mercado. After a lengthy jury trial, officer -Trujillo was acquitted. He later was cal2ad before the Federal Grand Juror to give testimony.. and he did so. He was not re -indicted and did not stand trial in the second can* involving the death of Leonardo Mercado. Officer Trujillo has, fnr;'some time now, been working. full-time as a police officer. He in no longerrelieved of duty and is actively and admirably performing his duties in the sexual battery unit. officer Trujillo was represented in the criminal cave and before the Federal Grand Tury by. Richard Sharpstain. • The federal trial was a lengthy trial and included exam lex factual and legal issues. Mr. Sharpstain's work in the cane included investigations, pre- trial motions, trial preparation, conferences, meetings, research, and the trial itself. Request is hereby made pursuant to the common law doctrine established in MornbMr v City a Fort Wal gHeach and Lem is I City _at sunder for reimbursement of attorneys' fees and costa. U — 7�9 r , T n fir15 'Q 2 'B C) Stephen P. Clark, :Mayor August 23, 2994 Pago 2 Additionally, Officer -Trujillo clearly meats the quidelines that were developed informally by the City Commission and the City Attorney's office for reimbursement of attorneys" fees. Officer Trujillo has been found not guilty and has not been accused of any administrative wrongdoing. officer Trujillo is also a defendant in a civil lawsuit arising out of the same incident. The City is a cc -defendant. This office has been representing officer Trujillo in that Gave. we believe it is appropriate ,for the City to furnish officer Trujillo with a defense. We ,do not think it would be appropriate for the City Attorney's office to represent officer Trujillo, as they already represent the City of Miami. In other similar cases, we have represented' police officers at the C3ty'a expense. Pease also canaidor this letter •a request that the City provide officer Trujillo with a defense. ' Please place this matter on the next City commission agenda, If you require any, further information or detail, please advise. VerOruly yours, ,. Ronaid J. Cohen RaCJjm 009 Al Cotera, President rqP Lodge 20 Richard Sharpstein, Esq. Thomas Trujillo A. Quinn Jones, City Attorney Warren Sittner, As:s't, city Attorney a ��- 759 N.LAUSNER * L7C1NEZ4. P.A. AM) ItNEYS AT LAW !SUITE 200 6566 TAFT e7REET HOLLYWOOD. FLORIDA 341024 eRown11C1� (3ar7 01l1•fiitt2 DAbe{i (3*5) 820-680I5 FAX( (3081 01lf•ooese A% gust 22, 1994 The H6norable (Stephen P. Clark Ma. ity of Miami 3500 Pan Amerigan Drive Miami., FL 33131 i Res Rainburseament of Aftorney's Fees for Officer Eugene Kowalski Our His No. 94-0102 Dear Mayor'Clarks This is a request., for reimbursement of attorneys' gees for Police officer Eugene Koarsalski for the defense bf a criminal came* arising out of the performance of his duties.. The case began with the arrest by Xowalski, and two other Mismi police off �csrs, Tam Laura and Darn Richards, of an individual IDy the names,: of Tom Anthony at Flanagan I a Laughing Loggerhead Bar on Bird Avenue its Coconut Grove. Anthony had been asked to leave the ,Laughing Loggerhead on a previous occasion and not to return. On the night of the arrest, Richards`;' Kowalski and Laura were working a large party at the Laughing :�oggerhsad in Coconut Crove. Anthony arrive4 at that promises • with several friends. The testimony at trial indicated that they ware very intoxicated. When Officer Date Richards recognized Anthony as having been told to leave the bar and never to return, Richar' ds asked 1owalsski for help and the two of them arrested Anthony for trespass. While Anthony wash in the back seat of a police car, 'his friend,, Nostra, went to the back of the police car and opened the door in an attempt to let Anthony out of ' the car. ' when Xowia aki and Richards noted . Messstre going to the brick of .(the police car, they yelled at Kesptzre, who started to run. While he was. running, he tripped in ss •pot hole and fell on his face. lie wad then arres ated 9 4 - 759 The Honorable Stephan P. Clark, Mayor August 22, 1994 Page 2 by Kowalski and .Ri.aharda.:• Several of their friends began inciting the -crowd and were arrested as well. One of their friends was placed in the: same ponce car with Anthony and Mestre. it was there that they concocted:alleged charges•of police brutality. The state char oO-Kowalski with aggravated battery. The jury wholehearted rejected the.testimony of Mostre and his cohorts, and gowalski etas acquitted in a half-hour delibe:tation. Subsequently, Kowalski gave a statement to xntornal Affairs and was reinstated to the force whore he is now Working in the gang unit. ; Kowalski was ,represented in the criminal *as* and in the Internal Affairs matter by Richard. Skaarpstai,n, one of the finest criminal attorneys in Dade County. Mr. Sharpstein's 'r aeanablo fat for representation in' the cri.mintl' case, i.naludintf: pro -trial work, which inaludes depositions, investigation, pre-trial moti.one, trial preparation, conferences and fieeatings, and. the trial itself, which lasted for four days, is $TSB, 000. Mr. &harpstgi»'s roaacnable� fee for representing officer Kowalegi before internal review, as well as pursuing a fiction and hearing to expunge Kowaleki,°s rocoid (which was granted) • is an additional $3, 750. Thersfore, the total at"rney'•s fees extendod to ftwalaki io $71, 754. Request is hereby mado pursuant to this common law doctrine established in T,11gg1Lar X, �"itX ag r2rt_WUt2n- each and Loma to v. , for reimbursement of attorney Is fson and costs. Additionally, since officer Kowalski was found not guilty, and was thoroughly cleared by internal rsvi®w, he fits into the guidelines which have been informally established by the Commission and. the City Attorney in previous cases. PIease,place this matter on the next City Commission agenda. if you require any further infornation or detail, please advises Very truly yours,, R. Wald J. Cohan cat. Cesar odic, City Manager A. Quinn -Jones, Ill, City Attorney Richard Sharpaktein, $sq. 94- 759 ___ .- " - " - - � " &S - VA� , 01 = - 7 n 11�, r_1 I n ;V, -f� n '211