Skip to main content

Posts

Showing posts with the label bad science

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...

USCG v. Solomon: New Accusations on Appeal

The US Coast Guard has filed an appeal brief in the matter of USCG v. Solomon.  In this case at the Trial, the expert witness of the USCG- Dr. Hani Khella- stated that urinary creatinine would only decrease in "volcano" and that a week in the desert would not alter urinary creatinine. The USCG expert, Khella, further stated that there is no way that creatinine would degrees in temperatures less than 300 degrees Celsius. Dr. Khella, apparently getting his information from Wikipedia  http://en.wikipedia.org/wiki/Creatinine  testified in opposition to the number.  Why he made such a miscalculation of truth, we will never know. At the trial on the matter, it was admitted that the urine sample was in the desert for over a week.  Simone Solomon presented two experts who testified at trial that urinary creatinine would degrade at temperatures that were natrually occurring in the desert, temperatures of 115 degrees or less. The USCG has now, upon appeal, introduce...

USCG v. Simone Solomon - Amicus Curiae

Dr. Roger L. Bertholf has joined the case of USCG v. Simone Solomon as Amicus Curiae. The United States Coast Guard is attempting an appeal to take away the rights of Simone Solomon to work on the oceans of the world as a ship's cook. Ms. Solomon had a random urinalysis taken in Dubai.  Her urine sample sat in the desert for 7-10 days in heat of up to 115 degrees or hotter.  Have you ever been in the back of a shipping truck in the middle of the desert?  It has to get up to 130 degrees in there- the greenhouse effect and all. The USCG based their determination on the expert witness Dr. Hani J. Khella, MRO, Industrial Medical Testing, 1451 Tallevast Rd, Sarasota, FL 34243 who stated that a urine sample would need to be in a volcano for creatinine to degrade.   See   http://blog.criminallawyerjacksonville.co/2013/06/graham-syfert-appeals-bad-science-uscg.html Dr. Bertholf  (CV available  http://www.bertholf.net/Files/Bertholfcv.pdf ) (...

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,...