Skip to main content

Graham Syfert Appeals Bad Science - USCG v. Simone Solomon



The Department of Transportation, and the US Coast Guard through the Department of Homeland Security take random urinalysis of those under their jurisdiction in order to keep safe the American public from reckless activity within our global transportation reach.

This is the story of Simone Solomon, a Chief Cook aboard a vessel that shipped cars and vehicles.  She was stopped for a random urinalysis in Dubai, United Arab Eremites.  This urine sample sat in the desert for approximately 7-10 days, in non-refrigerated conditions.  It was shipped to a facility that tests samples, and it came back with a Specific Gravity and Creatinine level which were outside of the level of normal under 49 C.F.R. 40.93.


The expert for the U.S. Coast Guard mislead the trial by stating that urinary creatinine will not degrade in temperatures unless they were 300 degrees Celsius.



The court then adopted his scientific inaccuracies:



Ms. Solomon's credentials, under that order, were suspended for a period of 14 months.   The United States Coast Guard was dissatisfied with the trial courts decision, and has filed a notice of appeal.  When contacted, the United States Coast Guard states that they were dissatisfied with the punishment of a 14 month suspension, and were appealing upon those grounds.

Ms. Solomon has cross appealed, arguing that urine does not need to be placed into a volcano for the creatinine to degrade, and that her urinary creatinine could have sufficiently degraded at temperatures of 110 degrees Fahrenheit.

This appeal remains pending.

Read the Whole Decision at:

http://www.uscg.mil/alj/decisions/2013/SR-2013-07_Solomon.pdf


Labels:

Comments

Post a Comment

Popular posts from this blog

Trafficking in Cannabis - Florida

Section 893.135 Florida Statutes governs trafficking in Marijuana, cannabis .  A person who is in possession of more than 25 pounts of cannabis, or more than 300 plants into the state, commits a felony.  The minimum term of imprisonment from 25 pounds to 2,000 pounds of cannabis is 3 years including a fine of $25,000.00.  The same is true for persons in possession of more than 300 but less than 2,000 plants. The mandatory minimum term of imprisonment rises to 7 years and a fine of $50,000 for marijuana weighing from 2,000 to 10,000 pounds.  Again, the same is true as a mandatory minimum for 2,000 plants to 10,000 plants.  Over 10,000 pounds or plants, the fine quadruples to $200,000 and the minimum term of imprisonment rises to 15 years. Plants must be considered to have root formation, and root hairs to be considered under the terms of this statute.  Callous tissue on the stalk of a marijuana plant is not readily observable evidence of root formation,...
12 comments
Read more

Lying during traffic investigation - Making False Report in Florida

It is a misdemeanor of the second degree, to give false information to the police during an investigation.  It is governed by section 316.067 Florida Statutes.  To give false information at a crash, can be subject to arrest or a notice to appear may be issued to the driver. If you are facing a charge under 316.067, Florida Statutes, call Graham today at 904-383-7448.
1 comment
Read more

Repair Vehicle with Bullet Damage in Florida

Under Florida Statute 316.065 , it is a misdemeanor of the first degree to repair a vehicle with bullet damage and not reporting it to the office of the county sheriff, or the nearest office or station of the Florida Highway Patrol. Any person in charge of the garage or repair shop must make the report giving the year, license number, make, model, and color of the vehicle and the name and address of the owner in possession of the vehicle.  This compels the idea that even if an employee notices a bullet hole and does the repair without making a report, the person "in charge" may be the one going to jail. I won't even bother ending this one with a pitch for anyone to call me about committing this particular crime, but if you want to tell me an interesting story, call me at 904-383-7448.
2 comments
Read more