HomeMy WebLinkAboutItem #27 - Discussion ItemJL11 U1 -
ROY BLACK
FRAN< C. FURCI
MARK D. SEMEN
LAW OFFICES
fIFGFIVIJ�LACK & Fuact
j A PROFESSIONAL A530CIA'nON
Sul re 1300
V 5UU BISCAYNE BOULEVARD
FPT. !) IAW, FLONOA 33131 AA
CITY of Midal
June 2, 1993
The Honorable Xavier Suarez
Mayor, City of Miami
3500 Pan American Drive
Miami, Florida 33133
RE; Officer William Lozano
Dear Mayor .Suarez:
TELEPHONE 3�1-6421
AREA CODE 305
On May 28, 1993, Officer William Lozano was acquitted by a jury sitting in Orlando,
Florida, of all charges stemming from an on -duty shooting which resulted in the deaths
of motorcyclist Clement Uoyd and his passenger, Allan Blanchard, in Miami, on January
16, 1989,
Florida law clearly provides that an officer who is charged with a crime arising out
of the performance of his official duties, and who is later acquitted is entitled to
reimbursement for legal expenses incurred in the defense of that matter. The City of
Miami Law Department does not provide legal assitance to officers accused for criminal
conduct in the course of their police duties, and therefore. Officer Lozano was required
to seek outside legal services.
Accordingly, Officer Lozano requests the City of Miami to reimburse him In the
amount of $710,000 for attorneys' fees. We were paid $50,000 from Officer Lozano's
special trust account for our work done on the direct appeal. The balance of $660,000
is outstanding. When the City of Miami reimburses us, we will, in turn, reimburse the
special trust account for Officer Lozano for the $50,000 we were advanced.
29
Almost all the funds used for out-of-pocket expenses were paid from donated
funds, with the exception of $50,000, which Dade County advanced because Officer
Lozano was declared indigent for costs_ The County advanced these funds to help with
the expenses involved in conducting a trial out of town. The matter of reimbursement of
taxable costs will be settled directly with Dade County,
ltsc�ss,o'�
.1
The Honorable Xavier Suarez
June 2, 1993
Page 2
We have billed our fees on our normal fiat rate basis. Please be assured that were
we to have billed our services on an hourly basis, the final bill would far exceed the
$710,000 In fees we are submitting.
Please place this matter on the agenda of the City Commision for consideration.
/wg
cc: Cesar Odio, City Manager
A. Quinn Jones, Ill, City Attorney
N'
Very truly yours,
1
* oy Black
93 - 4S3.1
j JLi%i u,
LAW OFFICES
BLACK & FURCI
A PROFESSIONAL ASSOCIA11ON
201 SOUTH BISCAYNE BOULEVARD
1300 MIAMI CENTER
MIAMI, FLORIDA 33131
(305)371-6421
June 2, 1993
The Honorable Xavier Suarez
Mayor - City of Miami
P. 0. Box 330708
Miami, Florida 33233-0708
For Professional Services Rendered
LEGAL FEES - State v. Wililam Logano
CASE NO. ,DESCRIPTION OF CASE AMO NT
69-2972 First Trial $250,000
Interlocutory Appeal/Mandamus 15,000
90.217 Appeal from Conviction 50,000
Miami Change of Venue Hearing 20,000
92.1114 Defendant's Petition for Writ of
Prohibition (Denial of Recusai) 15,000
Tallahassee Change of Venue Hearing 20,000
92-2901 State's Emergency Petition for
Writ of Mandamus or Certiorari 15,000
93-684 State's Petition for Writ of
Certiorari Regarding Motion for
Change of Venue 15,000
...3
93- 483.1
=NI IS1• t-tc'uu �a�-IIMu
80,425
State's Emergency Petition to
Florida Supreme Court
15,000
81,556
intervenor Mack Lawyers'
Association Appeal
15,000
Second Trial (Orlando)
250,000
53-1071
Vasi«ndp v Lozano. et ai.
Florida 1st DCA
15,000
81,726
'Vesirinda v. i.ozano, et al.
Florida Supreme Court
15,000
TOTAL FEES DUE
$ 710,000
93- 483.1