HomeMy WebLinkAboutMemo - Office of the City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Julie O. Bru, City Attorney
DATE: January 9, 2013
RE: Request for Legal Representation by Sergeant Raul Iglesias
City Commission Agenda — January 24, 2013
USA vs. Raul Iglesias, United States District Court, Case Nos.:
12-cr-20533-CMA and 12-cr-20533-CMA-1
(File No. 12-01471)
Sergeant Raul Iglesias submitted a request for legal representation on December 26, 2012
(attached), in connection with criminal charges filed against him by Indictment, dated July 19,
2012 (attached), alleging multiple violations of federal law. The resulting criminal cases are
pending, and, are currently being tried before United States District Court. This request triggers
a statutory duty on part of the City under Section 111.065(3), Florida Statutes, to make a
determination whether the criteria enumerated in this statute have been satisfied warranting the
provision of criminal defense counsel for Sergeant Iglesias in this matter.
Section 111.065(3), Florida Statutes, provides as follows:
(3) The employing agency shall provide an attorney and pay the
reasonable attorney's fees and costs for any officer in a criminal action
commenced against the officer in any court if the employing agency determines
that the officer's actions that gave rise to the charges:
(a)1. Occurred in response to what the officer reasonably
believed was an emergency;
2. Occurred when the officer reasonably believed that
his or her action was necessary to protect the officer or others from
imminent death or bodily harm; or
3. Occurred in the course of the officer's fresh pursuit,
apprehension, or attempted apprehension of a suspect whom the
officer reasonably believed had perpetrated, or attempted to
perpetrate, a forcible felony as defined in s. 776.08, or the offense
of escape;
(b) Arose within the course and scope of the officer's duties; and
(c) Were not acts of omission or commission which constituted a
material departure from the employing agency's written policies and
procedures, or generally recognized criminal justice standards if no written
policies or procedures exist.
In his request, Sergeant Raul Iglesias asserts that the conditions of Section
111.065(3)(a)(1) & (2), Florida Statutes, have been satisfied. We have been advised by the
Police Department that, in their view, none of the conditions listed in Section 111.065(3), Florida
Hon. Mayor & Members of the City Commission
January 9, 2013
Page 2
Statutes, have been satisfied. We therefore recommend that you adopt the attached Resolution
determining that the conditions of Section 111.065(3), Florida Statutes, have not been satisfied,
and thus denying the request for legal representation.
If legal representation is authorized, funds will be allocated from Account No.
00001.980000.531010.0000.0000.
JOB:WB
Attachment(s)
c. Johnny Martinez, City Manager
Elvi Gallastegui, Agenda Coordinator
Doc. No.: 356883.doc