HomeMy WebLinkAboutCover MemoCITY:OF MIAMI
OFFICE OF TIE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor Members of the City Commission
FROM: Jorge L. Fernand i, 'ty Att ey
DATE: August 27, 2007
RE: Proposed Resolution for the Payment of Attorney's Fees and
Costs - September 11, 2007 Meeting
United States of America v. Jesus Aguero,
Case No. 02-20174-CR-ALTONAGA
File No. 06-1131
This memorandum addresses the request for reimbursement for attorney's fees made by
Attorney Ronald J. Cohen on behalf of 'Attorney David O. Markus with regard to the
representation of Jesus Aguero in the case df United States of America v. Jesus Aguero, Case
No. 02-20174-CR-ALTONAGA. In this ease former officer Aguero was charged by an
indictment in federal court for alleged violations of the criminal law, specifically, deprivation
of civil rights by intentionally using unreasgnable force while making an arrest under the color
of law. During the trial the prosecutor requested the court dismiss the charges after the alleged
victim admitted that he made false statements to the government on the issues. The charges
were dismissed.
Section 111.065, Fla. Stat. provides' the agency employing a law enforcement officer
with the option to pay the 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. See Fla. Stat. § 111.065.
Attorney Ronald J. Cohen has made a request on behalf of David O. Markus, Esq. for
the representation of Officer Jesus Aguero for reimbursement of attorney's fees incurred in
representing the officer in the amount of $62,880.
Should the Commission decide to exercise its discretion to reimburse Mr. Markus, the
following three options are available: (1) pay the full amount requested by the officer's
attorney $62,880 based upon Mr. Markus' opinion that his fees for his services are reasonable;
or (2) pay $39,800, the amount determined to be a reasonable fee for Mr. Markus' services
based upon the opinion of the expert criminal defense attorney retained by the City to review
Mr. Markus' fees, or (3) pay another amount as determined by the Commission, not to exceed
the amount sought by Mr. Markus. Alternatively, the Commission could decline to pay any
amount.
In an unrelated case, former officer Aguero was found guilty of conspiracy to commit
obstruction of justice and obstruction of justice in connection with the investigation into a
police shooting and is serving 37 months in prison. United States of America v. Jesus Aguero,
Case No. 0I-208-CR-Gold. The shooting itself resulted in a civil lawsuit that was settled.
Alice Young V. City of Miami, et al., Case No. 99-2994-CIV-Martinez.
Doc. No.: 87288
If the Commission decides to pay some amount of fees to Mr. Markus, the funds for
such payment will be allocated from the City of Miami Self -Insurance and Insurance Trust
fund, ,Index Code No. 05002.301001.545000.0000.00000.
c: Pedro G. Hernandez , City Manager
Elvi G. Alonso, Agenda Coordinator
Doc. No.: 87288