Skip to main content

A Modicum of Success for Simone Solomon

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

Comments

Popular posts from this blog

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.


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, but viability or sex of the plan…

Evidence Tampering In Florida Criminal Drug Cases Leads to Arrest of FDLE Lab Chemist

During a news conference in Tallahassee on last Saturday Febuary 1st, 2014 The Florida Department of Law Enforcement announced an investigation that may result in prosecutors having to drop/quash charges and set free prisoners in an undisclosed number of criminal drug cases throughout the state of Florida. The reason the cases may be compromised resulting in dropped criminal charges in cases is due to alleged tampering by a chemist working in a FDLE agency crime lab since 2006.
According to the Associated Press this alleged tampering escapade involving now former chemist Joseph Graves spread throughout more than 35 counties and involves more than 80 law enforcement agencies throughout the state of Florida.
Escambia County investigators are to be credited for uncovering this alleged crime by former state crime lab chemist later revealed to be Joseph Graves; who was arrested on late Tuesday Feb 4th, 2014. Immediately, upon investigation, Graves was placed on leave with pay pending investi…