Wednesday, September 12, 2007

Sick (court)house



Julie Kay reports today on the serious mold problem at the David Dyer Building. The whole article is worth reading.

The intro:

Two studies performed at the historic David W. Dyer federal courthouse in downtown Miami show there are significant mold and air safety issues at one of Miami-Dade County’s oldest courthouses and suggest parts of the building are beyond repair.

The studies, which were obtained by the Daily Business Review, were commissioned by the U.S. District Court of the Southern District of Florida after U.S. Magistrate Judge Ted Klein became ill and died last year of a mysterious respiratory illness, and his fellow magistrate judges raised concerns about the building’s environment.

Employees believe that Judge Klein became sick and died because of the problem:

A healthy man who skied and jogged, Klein contracted a respiratory infection and died in September 2006. At the time, his family worried that something in the courthouse caused his illness. Shortly after Klein became ill, the court commissioned the first fungal contamination assessment, which was never made public. According to the report dated July 2006, “Magistrate Judge Theodore Klein has recently developed adverse health effects that could be attributed to exposure to molds. The assessment was performed to determine if fungal contamination was present in areas that he frequently occupies including his courtroom and his office areas.” The study showed fungal spores were present “in significant numbers” in samples. However, the study concluded these spores were not likely to cause health problems unless someone was in an immuno-compromised state. Still, the study recommended fungus on the plaster walls and courtroom wallpaper be removed. After Klein’s death, his courtroom was closed off and remains unused. His chambers are occupied by Magistrate Judge Edwin Torres, who recently transferred from Fort Lauderdale. “Why would they close off his courtroom if it’s not dangerous?” asked one employee who did not want to be identified. It is still not known what caused Klein’s illness because, in keeping with Jewish law, his body was not autopsied.

Chief Judge Moreno has taken steps to make sure employees are safe:

In an Aug. 27 memo, Chief Judge Federico A. Moreno said a new study is being commissioned by a company that performed mold remediation at the West Palm Beach federal courthouse. That courthouse, damaged by Hurricanes Jeanne and Frances, was closed for a year and a half while mold was removed.

“Our intention is to have the consultant review prior testing results, conduct additional on-site testing and then render conclusions about whether occupancy in limited areas of the building is likely to cause adverse health effects in occupants to a more serious degree than exposure to fungal levels,” Moreno said. “Please understand that I, who began his federal judicial service in the East Courtroom of the Old Courthouse, share your concern about your work environment in the Dyer Building.” Through a clerk, Moreno declined comment and said he preferred to let his memo speak for itself. In the memo, he encouraged any employees who have been in the “sealed document vault” — a basement area heavy with mold — to consult their doctors. Additionally, he mandated that no new sealed documents be taken to the basement, which is being “air-scrubbed,” and that anyone handling records coated with what appears to be mold use masks and gloves.

Read the whole memo from the Chief here.

The employees are understandably scared:

Klein is not the only federal employee in the building to fall sick. According to several courthouse sources, the law clerk for Magistrate Judge Barry L. Garber is very ill and has received permission to work at home. Garber declined to discuss the issue until the new study is completed. Another courtroom deputy who recently retired said she is very ill and recently had double pneumonia. “I’m scared to even go to my doctor to see what the heck is wrong,” she said. “They are keeping everything hush-hush,” said a judicial assistant who did not want to be identified. ”Everyone is scared. You don’t know how much your immune system can handle.” Another judicial assistant said she had no idea her chair was mold-infested until she saw a photo of it in the report, which labeled it “mold-infested.” She quickly found another chair in the office to use. Magistrate Judge Peter R. Palermo, who has worked in the Dyer Building for 37 years, is not sick but is concerned about his employees. “Who knows if there are health problems because of the mold,” he said. “We just want to know if it’s safe.” Palermo attended the Aug. 9 meeting held by representatives from Clerk of the Courts Clarence Maddox’s office to discuss the report. Neither Maddox nor Moreno or any other federal judge was present. However, Moreno has met with every employee to discuss the situation and is getting high marks for his concern. “He’s here in Miami and seems to care about us, whereas the previous chief judge was in Fort Lauderdale,” said one clerk.

Yikes.

Chief Judge Moreno is a people person and is a very practical judge -- he will do everything he can to fix this problem and make sure no one is subject to unhealthy conditions. I'm sure of that.

But I'm also sure that courthouse staff is wondering what the deal is with the brand new courthouse just sitting there. Why do they have to work in what they believe is an unsafe courthouse when a sparkling new one is built across the street. We need to sue those jokers who can't get the building ready to open. It's a bad joke already. The over/under is still January 1, 2008, but the smart money is on the over.

Tuesday, September 11, 2007

Remember...


It's hard to believe that six years have passed. I still vividly remember where I was when the first plane hit -- I was in trial in front of Judge Ungaro, along with Rick Bascuas. The courthouse was evacuated and I watched the first tower crumble in a pawn shop on North Miami Avenue. We all stood there in shock and disbelief. It is still really hard to believe...
Where were you on September 11, 2001?

Monday, September 10, 2007

The Demon Forces


That was the name of Chuckie Taylor's "Antiterrorist Unit" in Liberia. According to the AP:


The goal of the Antiterrorist Unit, according to the indictment, was to ''intimidate, neutralize, punish, weaken, and eliminate actual and perceived opponents of and threats to'' the Taylor government.


Taylor's real name is Charles McArthur Emmanuel. He pleaded not guilty to a superceding indictment today in front of Judge Altonaga. Some of the new allegations:


Many of the seven victims described in the indictment were held in below-ground pits covered with iron bars and barbed wire. In fall 1999, one victim was forced naked into a pit while members of Emmanuel's ATU allegedly ''shoveled stinging ants'' on top of him, the indictment said.

Melted plastic, hot irons, scalding water, electric shocks, beatings with weapons and iron bars, lit cigarettes and molten candle wax were all allegedly used to torture the victims described in the eight-count indictment, which covers the span from spring 1999 to late 2002.





Depressing...

The Dolphins lost. Ugly.
The Hurricanes lost. Badly.
How depressing.

Plus, my fantasy team is losing -- I need Chad Johnson, A. Boldin, and Todd Heap to have big games tonight.

If you aren't too depressed on this Monday morning and want to surf a bit before starting your day, here's Julie Kay's Justice Watch column wherein she reports that our new chief of criminal is Bob Senior, which is an excellent choice.

Friday, September 07, 2007

See ya, part deux


According to the AP, Judge Hoeveler has lifted the stay of extradition for Manuel Noriega, so it appears as though he will be headed to France...
I would post an over/under on when he'll be headed out of here, but I don't want to take any more of Rumpole's $... Now, he only wants action on the NFL. I'm happy to oblige, even if he did get lucky on last night's opener. (Note to AUSAs reading blog -- this is all in jest; there is no actual gambling occurring.)

Wednesday, September 05, 2007

Short stay for Noriega

Looks like Noriega's lawyers will have an all-nighter tonight -- Judge Hoeveler gave them until 9AM tomorrow morning to back up their claim that Noriega wouldn't be treated properly under the Geneva Convention.

From the AP:

A federal judge on Wednesday temporarily blocked the extradition of former Panamanian dictator Manuel Antonio Noriega, giving his lawyers time to present "credible evidence" that he would not receive Geneva Conventions protections if sent to France.
Noriega's lawyers had asked Senior U.S. District Judge William Hoeveler to stop the extradition to France, where he will face money laundering charges after his scheduled release from U.S. prison this weekend.
Defense attorneys have argued that Noriega should be sent back to Panama because he is a prisoner of war due the protections of the Geneva Conventions. They claim that there is "substantial reason" to believe that France instead intends to treat Noriega as a "common criminal."
Noriega's attorneys have until 9 a.m. Thursday to make their case, Hoeveler said. Federal prosecutors will then have until noon that day to respond, the judge ruled.

"This may be the worst day of my life."

That was Ken Jenne after his pleaded guilty today in federal court.

From the Sun-Sentinel:

Sentencing for Jenne was set for Nov. 16 before U.S. District Court Judge William P. Dimitrouleas at the federal courthouse in Fort Lauderdale. Until then, he remains free on $100,000 bond.

Sentencing guidelines in Jenne's plea agreement call for a prison term of 18-24 months, but prosecutors could ask for more, and Jenne's defense could ask for less.``If I give you a higher sentence, that's a chance you take. You understand that, don't you?'' Dimitrouleas asked.``Yes, your honor,'' Jenne replied.

This passage struck me:

Ever the politician, Jenne, 60, chatted amiably with the chief prosecutor, Michael "Pat" Sullivan, minutes before his morning court appearance."Good seeing you," Jenne told Sullivan, patting him on the arm. Jenne appeared stoic, dressed in a navy blue pinstripe suit.

Ken Jenne

The media is all over Ken Jenne's plea today.

High-profile defendants always bring with them the question of whether they should get more time because of deterrence and because they owed a greater duty to society and so on. Or should they get a lower sentence because of all the good work they have done for society? Should the court take into account that the time in prison will be more difficult for a high profile defendant? These questions seem particularly relevant when it's a police officer defendant.

So what say you SDFLA readers? If you were judge, what would your sentence be for Jenne. A guideline sentence of 18-24 months? More? Less?