The David W. Dyer building will be inspected today by lawyers and experts for Ted Klein's family.
I have been informed that, contrary to recent news articles, the Judge did *not* order the cleanup to stop. Instead, he simply permitted the plaintiff's team in the building before the 6 month period for filing a federal tort claim act lawsuit ran.
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Tuesday, February 05, 2008
Monday, February 04, 2008
"Absolved of terrorism, Haitian still in limbo"
Jay Weaver's article on Lyglenson Lemorin's plight can be read here. Lemorin is the acquitted defendant from the Liberty City 7 case who remains jailed by imimgration authorities based on the same conduct even though he is a lawful permanent resident with no prior convictions.
It's not too late
The South Florida Federal Bar Association Judicial Reception is this Thursday night at the Hyatt from 5:30 to 8. RSVP now to Lourdes Fernandez at: Lourdes_Fernandez@flsd.uscourts.gov
Friday, February 01, 2008
Opening statements in Liberty City 6 case
Here's a nice article by the AP's Curt Anderson summarizing today's openings. Here's some of the back and forth:
Ana M. Jhones, an attorney for alleged ringleader Narseal Batiste, told the new, racially mixed jury of seven men and five women that the FBI agents and prosecutors sought to build a case at any cost against the men from Miami's impoverished Liberty City neighborhood.
"This was about desperation - desperation to justify something that never happened," Jhones said in her opening statement. "We have a fabrication, a setup, of six young black men from Liberty City."
Prosecutors, however, said the FBI was right to aggressively follow tips that the group was discussing the overthrow of the U.S. government through the bombings and forming alliances with Islamic extremist groups. Although the men never obtained any weapons or explosives to carry out any attacks, prosecutors said the crime was in their agreement to do so.
"They had the will, they had the heart, they had the soul to do harm to this country," said Assistant U.S. Attorney Jacqueline Arango. "All they needed was assistance, and al-Qaida was that ticket."
The picture at the upper left is from the Herald article. Pictured are:
Don't clean that mold!
That's what Judge Story ruled in the Dyer mold case (via Julie Kay). From the article:
According to documents that were unsealed Thursday, U.S. District Judge Richard W. Story — sitting in the Miami case — issued the order Monday to preserve evidence in a case that was brought by the children of deceased Magistrate Judge Ted Klein. Klein died of a mysterious respiratory illness that his family believes was caused by years of working at the old courthouse building. "There is a reasonable risk that material evidence located in and around the David W. Dyer Federal Courthouse, relating to a future claim by the Kleins, against governmental entities and/or private entities, will be modified, altered, mitigated, destroyed and/or remediated and that such change will significantly prejudice the Klein family, causing immediate, irreparable and continuous harm because the contaminants, toxins and/or other evidence will be permanently lost," stated Story's order. Story also authorized Klein family attorney Alan Goldfarb and his experts to "inspect, photograph and videotape" the Dyer Building.
According to documents that were unsealed Thursday, U.S. District Judge Richard W. Story — sitting in the Miami case — issued the order Monday to preserve evidence in a case that was brought by the children of deceased Magistrate Judge Ted Klein. Klein died of a mysterious respiratory illness that his family believes was caused by years of working at the old courthouse building. "There is a reasonable risk that material evidence located in and around the David W. Dyer Federal Courthouse, relating to a future claim by the Kleins, against governmental entities and/or private entities, will be modified, altered, mitigated, destroyed and/or remediated and that such change will significantly prejudice the Klein family, causing immediate, irreparable and continuous harm because the contaminants, toxins and/or other evidence will be permanently lost," stated Story's order. Story also authorized Klein family attorney Alan Goldfarb and his experts to "inspect, photograph and videotape" the Dyer Building.
Thursday, January 31, 2008
Dade County Bar Judicial Poll
The results can be found here.
Seems to me like a very low response rate, so it's probably of little use on the federal side.
When are we going to move into the 21st century and allow cameras in the federal courtrooms so the public can see what's actually happening over here?
Seems to me like a very low response rate, so it's probably of little use on the federal side.
When are we going to move into the 21st century and allow cameras in the federal courtrooms so the public can see what's actually happening over here?
Tuesday, January 29, 2008
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