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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