HomeMy WebLinkAboutLetterRONALD J. COHEN, P.A.
ATTORNEYS AND COUNSELORS AT LAW
June 13, 2006
The Honorable Manuel A. Diaz, Mayor
City of Miami
3500 Pan American Drive
Miami, FL 33133
Re: Attorney David Oscar Markus
Our File No. 06-020
Dear Mayor Diaz:
This is a request for reimbursement for attorney's fees for Attorney David Oscar
Markus and Jesus Aguero for defense of a criminal case brought against Jesus Aguero
arising out of the performance of Aguero's duties as a police officer. This request is
made pursuant to § 111.065 (2), Fla. Stat.
In Case No. 02-20174-CR-ALTONAGA, United States District Court, Southern
District of Florida, Aguero was charged by an indictment in federal court for alleged
violations of the criminal law for actions which he took while on duty and in the course
and scope of his employment. During the trial, the prosecutor requested that the coup
dismiss the charges, due to lies by the alleged victim. Indeed, the Assistant U.S. Attorney
said:
We have confronted Alex Anazco [alleged victim] on this matter and he
has admitted to making false statements to the Government on this issue.
As a result, the Government has decided we can no longer responsibly
present Alex Anazco's testimony before this Court or before the jury.
Your Honor, we take our responsibility as officers of the court and
representative of the justice system very seriously and in this case we
believe our responsibilities are fulfilled by asking the court to dismiss the
case at this time.
Andrew Jackson Building • 8 100 Oak Lane, Suite 403 • Miami Lakes, Florida 33016
Dade 305.823.1212 • Broward 954.922 1446 • Facsimile 305.823.7778
www. roncohen la w. com
The Honorable Manuel A. Diaz, Mayor
Re: David Oscar Markus
June 13, 2006
Page 2
In the criminal case, Aguero was represented by David Oscar Markus, one of the area's
finest criminal defense attorneys. During the course of representation, Mr. Markus
expended 157.2 hours. Mr. Markus's reasonable hourly rate is $400. Therefore, Mr.
Markus seeks reimbursement of $62,880.
As a police officer with the City of Miami who had to defend himself while performing
his duties as a police officer, and halving been acquitted of all charges against him, Mr.
Aguero is entitled to have his reasonable attorney's fees paid to him. In the copy of this
letter which is being sent to the City Attorney. we are forwarding Mr. Markus's time
records.
You should know that the City Commission has already unanimously awarded attorney's
fees to Mr. Aguero's co-defendant, Jorge Garcia. Mr. Aguero should be treated in the
exact same fashion as Mr. Garcia.
By copy of this letter to the City Manager, we are asking that this matter be placed on the
' City Commission meeting agenda.
Very.ti ly yours,
Ronald J. Cohen
RJC:ml
cc: Joe Arriola, City Manager
Jesus Aguero
David Oscar Markus, Esquire
Joan Silverstein, AUSA
Warren Bittner, City Attorney
Jorge Fernandez, City Attorney
P:\Documents\2006\06-020\Correspondence\Mayor Diaz Itr re Officer Jesus Aguero.doc