HomeMy WebLinkAboutcover memoCITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO:
FROM:
DATE:
RE:
Honorable Mayor and Members of the City Commission
Jorge L. Fernandez, City Attorney
January 26, 2005
Proposed Resolution for the Payment of Attorney's Fees and Costs -February 10,
2005 Meeting
United States of America vs. Acuna, et al.
Case No.: 01-208-CR-GOLD
The attached proposed resolution will, if adopted, authorize the Director of Finance to
issue a check payable to Manuel L. Casabielle, P.A., in the amount of $220,000.00, in full
settlement of any and all claims for attorney's fees and costs incurred by Officer Ralph Fuentes
with regard to the above -referenced criminal case.
Florida Statute Section 111.065 provides the agency employing a law enforcement officer
with the option to pay legal fees and costs for any law enforcement officer in any civil or criminal
action when the action arose out of the performance of the officer's official duties, and the
plaintiff requests dismissal of the suit or the officer is found to be not liable or not guilty.
Attorney Ronald J. Cohen has made a request on behalf of the officer for reimbursement of
attorney's fees incurred in the total amount of $362,802.00. Officer Ralph Fuentes was acquitted
of all charges against him in connection with the alleged violation of the criminal law, while on
duty and in the course and scope of his employment as a member of the SWAT team. He has
returned to active fulitime duty.
The amount of attorney's fees requested, including Mr. Casabielle's complete file, has
been reviewed by an outside criminal defense legal expert retained by the City. That expert has
determined that $220,000.00 would be a reasonable fee for the services provided. At this time,
the City Commission has the following options with respect to the payment of Officer Fuentes's
attorney's fees: (A) decline to pay any amount; (B) pay the full amount requested by the officer's
attorney ($362,802.00) based upon Mr. Casabielle's opinion that his fees for his services are
reasonable; or (C) pay $220,000.00, the amount determined to be a reasonable fee for Mr.
Casabielle's services based upon the opinion of the expert criminal defense attorney retained by
the City to review Mr. Casabielle's fees, and with whom I concur.
If approved, funds for said payment will be allocated from the City of Miami Self -
Insurance and Insurance Trust fund, Index Code No. 515001.624401.6.652.
W1163:tr:AS
c: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator
Ronald Cohen, Esquire