The NTSB has ruled on the case of Simone Solomon. She has prevailed on her appeal and the decision is being remanded.
Bad science has no place in law. Bad science has no place in opinions. Finally, someone has pointed out where the problems lie. The US Coast Guard has problems with science. So, DOT drug tests and USCG drug tests are completely valid, but their experts opinions are not.
Now I did a trial with the US Coast Guard on this issue. I don't want to sound paranoid, but I believe that over lunch they stole my only paper copy of my closing statement. It's true that I believe it, but I'm still not certain what happened to my closing statement that day. I packed it up in my materials and after lunch when I made my closing statement- it was gone. Even though I didn't need it, I spent a few hours looking through the materials that I had with me at trial. The closing statement was not there. After the trial concluded, I spent a few hours looking through all the places that it could have been at home and at the office. No luck.
So, I am of the opinion that the United States Coast Guard stole my closing statement.
A note to all of you practicing lawyers who come before a USCG ALJ with a hearing: When you go to lunch, keep your materials with you, or hide them: because I don't trust them anymore.
The NTSB decision on appeal is here. Hooray for justice.
http://www.ntsb.gov/legal/alj/OnODocuments/Marine/214.pdf
Old blog posts regarding Solomon's case are HERE:
http://blog.criminallawyerjacksonville.co/2013/06/uscg-v-simone-solomon-amicus-curiae.html
http://blog.criminallawyerjacksonville.co/2013/06/graham-syfert-appeals-bad-science-uscg.html
Bad science has no place in law. Bad science has no place in opinions. Finally, someone has pointed out where the problems lie. The US Coast Guard has problems with science. So, DOT drug tests and USCG drug tests are completely valid, but their experts opinions are not.
Now I did a trial with the US Coast Guard on this issue. I don't want to sound paranoid, but I believe that over lunch they stole my only paper copy of my closing statement. It's true that I believe it, but I'm still not certain what happened to my closing statement that day. I packed it up in my materials and after lunch when I made my closing statement- it was gone. Even though I didn't need it, I spent a few hours looking through the materials that I had with me at trial. The closing statement was not there. After the trial concluded, I spent a few hours looking through all the places that it could have been at home and at the office. No luck.
So, I am of the opinion that the United States Coast Guard stole my closing statement.
A note to all of you practicing lawyers who come before a USCG ALJ with a hearing: When you go to lunch, keep your materials with you, or hide them: because I don't trust them anymore.
The NTSB decision on appeal is here. Hooray for justice.
http://www.ntsb.gov/legal/alj/OnODocuments/Marine/214.pdf
Old blog posts regarding Solomon's case are HERE:
http://blog.criminallawyerjacksonville.co/2013/06/uscg-v-simone-solomon-amicus-curiae.html
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