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Home My WebLink AboutExhibit 1TRIAL AND APPELLATE PRACTICE Hand -Delivered Hon. Thomas Regalado Mayor of the City of Miami 3500 Pan American Drive Miami, FL 33133 MUSEUM TOWER 150 WEST FLAGLER STREET PENTHOUSE SUITE 2850 MIAMI, FLORIDA 33130-1534 March 23, 2011 Re: State of Florida v. Michelle Spence -Jones Case No. F10-06571 State of Florida v. Michelle Spence -Jones Case No. F10-32859 Dear Mayor Regalado, Please accept this letter on behalf of my client, former Cl Commissioner Michelle Spence -Jones, as it relates to her request for reimbursement of legal fees and expenses arising from her successful defense in the above -referenced causes. This request is made pursuant to Chapter 111 of the Florida Statutes as well as case law arising from the decisions in Thornberv. City of Ft. Walton Beach, 568 So. 2d 914 (Fla. 1990), and Lomelo v. City of Sunrise, 423 So. 2d 974 (Fla. 4th DCA 1982). Those cases and that statute provide that a city official is entitled to legal fees and expenses which arise from a successful defense of a prosecution which is brought against an elected city official for acts which occurred in the course of the performance of city business. TELEPHONE (305) 379-1401 FACSIMILE (305) 374-0081 praben@bellsouth.net Assigned >�atrix: t fly t: . Client: Matter No.: I have enclosed in support of this request the Indictment and Information which were filed against Ms. Spence -Jones. See, Attachment One. Both those allegations contend that, while acting as a city commissioner, Ms. Spence -Jones solicited a benefit from an individual who had a matter pending before the City Commission, and she committed the crime of theft by making a misrepresentation to that individual in order to secure that benefit. Ms. Spence -Jones went to trial before the Honorable Rosa Rodriguez, Circuit Court Judg` in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, commencing on February 22nd, 2011. Following a three and a half week trial, she was acquitted by a six member jury of all charges on March 16th, 2011. Therefore, pursuant to the above -referenced statute and case law, she is formally submitting this request for reimbursement of legal fees and expenses. Hon. Thomas Regaledo March 23, 2011 Page -2- I have also attached for your review the two retainer letters which Ms. Spence -Jones entered into with this office for representation. See, Attachment Two. In the original letter of representation, dated March 24th, 2010, Ms. Spence -Jones and this office agreed to a legal fee of $50,000 for representation, with the proviso that there would be a trial fee of $10,000 per trial week. Subsequently, the Office of the State Attorney filed an Information against Ms. Spence -Jones, and an additional retainer agreement was entered into on November 30, 2010 as it pertains to the grand theft charge. That legal agreement reflected an additional legal fee of $20,000 for the grand theft charge. Therefore, the retainer agreements entered into between the parties were for a total of $70,000 in the event the matter did not proceed to trial. Trial did commence on February 22, 2011. We were in trial for that trial week, and we were in trial the following week, February 28th through March 4th. We recommenced trial on March 7th, and proceeded with trial through March 10th, when the prosecutor took ill and had to be hospitalized. Therefore, we were not on trial on March 11 th. Trial resumed on March 14th and continued until late in the afternoon of March 16th, when the jury rendered two verdicts of not guilty. Based upon my agreement with Ms. Spence -Jones, and having been in trial for two.full weeks (at $10,000 a week), four days in the third week ($8000 on a per diem basis), and three days in the fourth week ($6000 on a per diem basis), the cumulative trial fee for representation of Ms. Spence -Jones is $34,000. Finally, it was agreed between Ms. Spence -Jones and this office that a separate ledger would be maintained for all expenses incurred in the defense of this case. I have enclosed for your review a copy of the trust billing worksheet on this case, reflecting a total billing expense of $9,439.40. See, Attachment Three. We are happy to provide any invoices or receipts for your review. In sum, Ms. Spence -Jones is requesting a total reimbursement of $113,439.40. Please do not hesitate to contact undersigned counsel if you wish to confer regarding this matter, if additional backup receipts or documents are required, or if you have any questions regarding this submission. Very truly yoJrs, Peter Raben P R/m r cc: Ms. Julie Bru, City Attorney Michelle Spence -Jones VT TES CIRCUIT COURT OF TEE EL vxxTn JunxcIAL =mar ZIT AND FOR XIAMZ-DADS COUNTY, FLORIDA -- FALL TERM 2009 SbIDICTt�tT L - STAIR OF FLORIDA v. .,7- Sr- �., ant. gg2B};KY/OFF&RII3G/ACCS1§� ._o I�LCFIETT.R SP3NCE-,TONES, Defend 838.015 F2D r%-zr:. cz:e..• ^� IN TEE NAME AND BY THE AUTHORITY OF THE STATfi OF FLORIDA: ,..eg _" -IC The Grand Jurors of the State of Florida, duly calf, e1 sworn to inquire and'true presentuent make in and for the body of the County of Miami -Dade, upon their oats, present that from on or about March 23, 2006 to in or about August 2006, within the County of Miami -Dade, State of Florida, public, servant request, solicit, accept, or �rsrRra.r; SEFs[JCFs-JONSS did being a fit not agree to accept for herself or another any pe miazy or other bens with an intent or purpose to influence to wit: $25,000.00, authorized by law,anted as the performance of any act or omission which said public servant repres being �within the official discretion of a public servant, to wit: an official vote of the Miami City Commission conOernirg an ordinance changing the name of Southeast ,na Avenue to Brickell Avenue, in violation of s. 838.015 Florida Statutes, to the evil emamp1e of all others in like cases offending an against the peace and dignity of the State of Florida. th?EOFnI t X . YtS ItIMIZAM 1 bereby le 7y that the ben 'Wag Is a Lice and office 7 n coved et tbp ftis 144RVEYRIJW4. CLERP Cirwit and County Black; Female; DOB 08/02/1967; SS t: VERO OF TEE GRAND JURY 11/18/2010 THU 12: 27 FAX L1002/0DS IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA FALL TERM, 2010 THE STATE OF FLORIDA v. INFORMATION FOR MICHELLE SPENCE -JONES 1. GRAND =EFT 3RD DEG'...E 812.014(2)(C)F3D Defendant. IN TAT, NAME AND BY AUTHORITY OF THE STATE OF FLORIDA: RICHARD SCRUGGS, Assistant State Attorney of the Eleventh Judicial Circm KATHER1 "<" FERNANDEZ RUNDLE, State Attorney, prosecuting for the State of Florida, in the Coun Miami -Dade, under oath, information makes that: MGM/15/10 DIRECT FILE -NO CAPIAS TO BE SURRENDERED ON FRIDAY 11/19/2010 IN OPEN COURT Jail No. 100017562; Bkd. 00000; ON 1024889; B/F, DOB: 8/2/67 F JI MICHELLESPENCE -70NESIAWP'S 10-1049 11/16/2010 THHU 12: 27 FA7: 16003/005 Count 1 MICHELLE SPENCE -JONES on or about MARCH 23, 2006 TO IN OR ABOUT AUGUST 2006, in the County and State aforesaid, did unlawfully and knowingly obtain or use, or endeavor to obtain or use, FUNDS valued at ten thousand dollars (S10,000,00) or more, but less than twenty thousand dollars (S20,000.00) the property of CODINA GROUP INCORPORATED, as owner or custodian, with the intent to either temporarily or permanently deprive said owner or custodian of a right to the property or a benefit therefrom, or appropriate the property to said defendant's own use or to the use of a person not entitled thereto, in violation of s. 812.014(2)(c) Florida Statutes, contrary to the form of the Statute in such cases made and provided, and against the peace and dignity of the State of Florida. MICF1EL1.E SPENCE-JONES' AWPS 10-1049 11118/2010 TEC 12:27 FAX STATE OF' FLORIDA, COUNTY OF MIAMI-DADE: 0004/005 Personally known to me and appeared before me, the Assistant State Attorney of the Eleventh Judicial Circuit of Florida whose signature appears below, being first duly sworn, says that the allegations set forth in this Information are based upon facts which have been sworn to true, by a material w'tness or witnesses, and which if true, would constitute the offenses therein charged, and tJtai this prysa�cution,is instigated in good faith. Assis t State Atto Flori a Bar # 887640 1350 NW 12th Avenue, Miami, FL (305) 547-0100 Sworn to and subscribed before me this �(t day of +V °J 1� - By Deputy Clerk for the Clerk of the Co MICHELLE SPENCE 4o11EsI ANW S 10-1049 ®tl�� LILT YbbJ � 111 ®E li B 14:4D .:10=(bJb4 I-LULAKINKU51/Ib in THr CIRCUIT COURT or THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR dIAMIDADE COUNTY, FLORIDA. c In. 'HE COUNTY COURT IN AND FOR MIAMI-PA DE COUNTY, FLORIDA, DIVISION p CRIMINAL o TRAFFIC OTHER JUDGMENT OF ACQUITTAL THE STATE OF FLORIDA VS' MICHELLE SPENCE-JONES PLAINTIFF DEFENDANT CASE NUMBER! F10-6571 STATE OF RORIDA, COUNTY OF MIAMI DADE 1 HEREBY CERTIFY Thal the foregoing is a Inge aril 1 copy of the Ixiginal nn file in this office .I HARVEY RUVI my Gouts Deputy C IT APPEARING UNTO THE COURT that you. MICHELLE SPENCE-JONES NOT GUILTY by: n Vordicr of a jury The Court sitting without a jury of the offense(s) of BRIBERY, AS SET FORTH IN THE INFORMATION rA1b. b1/b'L I OdWIN I have been found IT 1S THEREFORE ORDERED AND ADJUDGED that you stand acquitted of the offense(s) es set Forth above and IT IS FURTHER ORDERED AND ADJUDGED that you are hereby discharged in the above -styled cause and your sureties exonerated. DONE AND ORDERED at Miami, Florida this 16TH day of MARCH 20 11 Clerk's web address: www.mlaml-dadcdork.com ci KICi 52 REV. 41D3 ,JR 03/23/11 JUDGE ROSA RODRIGUEZ DIV. 21 Bk 27646 Pg 802 CFN 20110226452 04/08/2011 09:33:22 Pg 1 of 1 Mia-Dade Cty, FL unt vn : t= /by�b4 1-EDEXKINKUS1775 QJ IN IIT CIRC111T WART or THE ELEVUITNJUDICJAI, ran CIJIT INMORM ❑ pm 14E COI INTY COUf7T IN AND FOr. rAIAMI.1)ADE COUNTY. FLORID& ID i lrOUAl Y. FLORIDA. DIVISION is CRIMINAL u TRAFFIC a OTHER JUDGMENT OF ACQUITTAL THE STATE OF FLORIDA PLAINTIFF CASE NUMBER: F10-32859 VS. MICHELLE SPENCE-JONES DEFENDANT STATE OF FLORIDA, COUNTY OF MIAMI DADE coy I HEREBY CERTIFY That the foreping is a true " e and correct copy of the ndginai on 61e in this office <" r HARVEY N,IIc',s,iJC�rlttj*Eedd Deputy Clerk PAGE 02/02 IT APPEARING UNTO THE COURT that you MICHELLE SPENCE-JONES have been found NOT GUILTY by: HI Verdict of a jury ❑ The Court silting without a jury of the offense(c) of GRAND THEFT 3RD DEGREE, AS SET FORTH IN THE INFORMATION IT IS THEREFORE ORDERED AND ADJUDGED That you stand acquitted of the offense(s) as set forth above and IT I5 FURTHER ORDERED AND ADJUDGED that you are hereby discharged in (he above -styled cause and your Sureties exonerated. DONE AND ORDERED at Miami, Florida Ihlg' 16TH day of Ghdc's web addrps* www,m{amLOlOCCIRIA.rorn CLKK;T 52 REV 443 J li (Y / 2.1 / I I -� - MARCH 20 11 JUDGE ROSA RODRIGUEZ DIV. 21 Bk 27646 Pg 806 CFN 20110226456 04/08/2011 09:33:51 Pg 1 of 1 Mia-Dade Cty, FL