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Home My WebLink AboutR-94-0822J-94-1008 11/17/94 RESOLUTION NO. 94- 822 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 $275,000 FOR ATTORNEYS' FEES AND COSTS INCURRED BY THE FRATERNAL ORDER OF POLICE, MIAMI LODGE 20, AS FOLLOWS: $210,000 FOR THE REPRESENTATION OF THOMAS TRUJILLO, POLICE OFFICER, IN THE CASE OF U.S.A. V. PABLO CAMACHO. ET AL., UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO. 89-650-CR-MARCUS; $65,000 FOR THE REPRESENTATION OF EUGENE KOWALSKI, POLICE OFFICER, IN THE CASE OF STATE V. EUGENE KOWALSKI, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR DADE COUNTY, FLORIDA, CASE NO. 91-11895-A; ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI'S SELF-INSURANCE AND INSURANCE TRUST FUND; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO ALL CITY OF MIAMI DEPARTMENT HEADS. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The director of the Finance Department of the City of Miami 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 $275,000 for attorneys' fees and costs incurred by the Fraternal Order of Police, Miami Lodge 20, as follows: $210,000 for the representation of Thomas Trujillo, police officer , in the case of U . S . A. v. Pablo Camaoho . et al. , United - 41 ,,;*!.', :, ,,:Zak � n Resoluilon No. 94- 822 States District Court, Southern District of Florida, Case No. 89- 650-CR-MARCUS; and $65,000 for the representation of Eugene Kowalski, police officer, in the case of State v Eugene Kowalski, Circuit Court of the Eleventh Judicial Circuit, in and for Dade County, Florida, Case No. 91-11895-A; with funds therefor hereby allocated from the City of Miami's Self -Insurance and Insurance Trust Fund. Section 2. The City Clerk is hereby directed to transmit a copy of this Resolution to all City of Miami department heads. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 17th day of November_, 1994. t:3,k , &A 91&L� S EPHEN P. CLARK, MAYOR ATT I MA HIRAI CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: A: Q CITY III ABS:osk:sls"M4792 94- 822 -2- 15 AY'T*PtN KYS AT LAW ,. •UITI£ SOO 0845 TA" STRt[T HOLL.YW000. RLORIDA i302A y eNOWARM Li901 •411.12112 DAatc IROE) OaO.9t116 t i WAX: =51 •fl•OGES August 23"1994 Stephen P. Clark, Mayor City of Miami 3300 Pan American Drive Miami, FL 33131 Re: Reimbursement of Attorney's Fees. for officer Thomae Trujillo' our File No. 19-0050-93 , Rear Mayor Clarks Thia%is a request for reimbursement of attorney's toes for.officer Thomas Trujillo. Officer Trujillo was indicted by ea Federal .Grand Jury which alleged that he eozmitted various crimes in the case of Leonardo Mercado. After a lengthy jury trial, officer. -Trujillo was acquitted. He later was called before the Federal C.rand Jury to give testimony and he did ao. He was not re -indicted and did not stand trial in' the second ease involving the death of Leonardo Mercado. Officer Trujillo has, for come time now, been working. full-time as a police officer, He is rio longer relieved of duty and is actively and admirably performing his duties in the sexual battery unit. Officer Trujillo was represented in the criminal came and before the Federal Grand Jury by. Richard eharpstsin. ' The federal trial was a lengthy trial and included complex tactual and Segal issues. Mr. sharpstein's work in the caste included investigations, pre- trial motigns, trial preparation, conferences, meetings, research, and the trial itself. Request is hereby made Me uant to the common law doctrine established in, Thor ber y, f For& Walton Beach and S+om&11, o, vim, cry at sunr' s, for reimbursement of attorneys' tees and costa. 94- &22 - j .. dtephen P. C1ark,�Mayor j August 23, 1994 Page p Additionally, officer -Trujillo clearly most& the guidelines that were developed informally by the City Commission and the City Attorney's offices 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 Cit is a cc -defendant. This office has been representing Officer Trulillo in that case. we believe it is appropriate .for the City to furnigh 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 vases, we have represental police officers at the City's expense. Please also consider this letter •a requeot 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. very ruly yours, Ronald J. Cohen RJC/jm . oar Al Cetera, President POP Lodge ZO 91chard sharpstein, Esq. Thomas Trujillo A. Quinn aonee, City Attorney Warren Bittner, Aes't. City Attorney ' a 94- 0 822 94- 0 822 Y ' • N'LAUSNER GOSIDN. PA. Arr*RNRYS AT LAW surre too , 0665 TAFT 8TREV NCLLYWMD. rLQRWA 3�024 •ROWARPI i2001 aal.laal FAki (20111 081.0000 Auqust 22, 1994 The Honorable Stephen P. Clark Mayor, , city of Miami 3300 Pan Amer:igon Drives Miami, FL 33131 ►", ' Rai Reimbursement of Mtornay's Foos for Officer Eugene Kowalski our File No. 94-01.02 Dear Mayor'Clarks, This is a re + request for reimbursement of attorneys fees for Policeofficer Eugene Kowalski for the defense of a criminal case arising out of the performance of his duties. , The came began with the arrest by $owalskiI and two other Miami polices officers, Tom Laura and Dan Richards, of an individual 'by the nape of Tom Anthony at Flanagan's Laughing Loggerhead Bar on Bird Avenue in Coconut Grave. Anthony had been asked to leave the :,Laughi.ng Loggea:haaid oh a previous occasion and not to return. On the night or the arrest, Richards; Kowalski and Laura weave working a large party at the Laughing loggerhead in Coconut drove. Anthony arriviad at the promises• with several friends. The testimony at trial indicated that they were very intoxicated. When officer Dan Richards recognized Anthony as having been .told to leave the bar and never to return, Richarrds asked Kowalski for help And the two of them arrested Anthody for trespass. While Anthony was in the back neat of a police car, -his friend, Mastro, went to the back of the police car and opened the door in' an attempt to lot Anthony out of the car. ' when Xowailski and Richards noted . Mostre going, to the back of .the police car, they yelled at Mestre, who started to run. While he was. running, he trippeA in a .pot hole And fell on his face. He wag than arrested 94-- 8*22 -3 The Honorable Stephen P. Clark, Mayor j August 321, 1994 j page 3 by Rawalski and .Richards... Several of tiheir friends began inciting e-crowd and were arrested as well. One of their friends was placed in the same polioo ear with Anthony and Mastro. it was there that they aoncocted,aileged charges -of police brutality. The state char ed-Kowalski with aggravated battery. The jury wholehearted rejected the.testimony of Mastro and his cohorts, and 1gowalski.•was.acquitted in a half-hour deliberation. Subsequently, Kowalski gave a statement to internal Affairs and was reinstated to the force wiare he is now working in the gang unit. °y Kowalski was.represented in the criminal vase and in the Internal Affairs matter by Richard. Sharpstein, one of the finest criminal attorneys in Dade County. Mr. Sharpstsin's 'r asonabie fie for representation in* the crimintl' case, including: pro -trial work, which inoludes depositions, investigation, pro -trial motions, trial preparation, conferences and mse<tings, and the trial itself, which lasted for four days, is $68, 000, Mr. eherpstein's reasonablefee for representing officer Kowalski before internal review,.as well as pursuing a m6tion and hsar�nq to expunge Kowalski's record (wh ch was granted). in an additional $3,750. Therefore, the total attorney's fees extended to Kowalski i $71,750. Request is hereby made pursuant to the common law doctrine established in T 9rnba _yx C_ity„21 Fort Walton Beach and Lome to v. cille of , for reimbursement of atterney's fees and costs. Additionally, since officer Kowalski was found not guilty, and was thoroughly cleared by internal review, he fits into the guidelines which have been informally astablished,by the Commission and.the City Attorney in previous oases. Please, place this matter on the next City Commission agenda. if you require any further information or detail, please advise. Very truly yours, R ald J.'Cohen act. Cesar odic, 0,ity Manager • . A. Quinn sone4, 111, City Attorney Rl.ehard Sharp*tein, Nei.,