WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Monday, December 03, 2007

REMEMBERING EAL FLIGHT 401

December 29th will mark the 35th anniversary of the Eastern Airlines Flight 401 tragedy. Longtime Miami residents will remember that night when a modern airline disaster struck our town for the first time.

On December 29, 1972, flight 401, a Lockheed L-1011, was flying 163 passengers and 13 crew members from New York’s JFK to Miami International Airport. A small series of mistakes, starting with a faulty landing gear confirmation light spiraled out of control and eventually sent the airplane into the Everglades.

In memory of the victims of that disaster and as a tribute to the survivors, family members and rescue personnel, a ceremony will be held Monday, December 3rd, 2:00 pm, at the Metro-Dade Firefighters' Memorial Building, 8000 Northwest 21st Street, Doral, Florida

From the press release for the memorial service:

The guest of honor will be 78-year old, Mr. Robert "Bud" Marquis, who was the first civilian rescuer to arrive at the crash site in his personal airboat and render aid.

The night of December 29, 1972 Bud Marquis and his partner Ray Dickinsin (deceased) witnessed Flight 401 go down in the Everglades, while frog gigging 18 miles west of the Miami-International Airport.

In the dark of night, Bud Marquis navigated his personal airboat through the saw grass and debris of the plane to be the first person to render aid to victims of the crash.

Having no obligation, other than his commitment to his fellow man and without regard for his personal safety, Bud Marquis waded through jet fuel and hydraulic fluid filled water, choked with jagged metal and debris to free passengers still strapped into their seats. Mr. Marquis braved the burning fuselage to free trapped and injured victims. In doing so, he sustained burns to his arms, legs and face.

It was Mr. Marquis who used the headlamp that only a few minutes before he had been using for gigging frogs, to signal and direct the first arriving Coast Guard helicopter to the crash site.

Through the night and into the next day Bud Marquis used his airboat to shuttle rescuers, medical personnel and victims to and from the crash site, to awaiting ambulances.

Rumpole notes, our blog is read by many young lawyers, some who were not even born when this tragedy occurred. It was not that long ago when Miami was a sleepy tourist town and old-timers called home “Miam-ah”. Whether you are passing through on a three year commitment, or planning on making this your new home (as we did) it helps to know some of the history of our fair city.

There used to be a time when about one of every three or four jurors on jury panels were Eastern Airline Employees. Now EAL is just a fond memory.

Coming tomorrow: should the bar punish lawyers for blogging, or is the First Amendment alive and well in cyberspace?

See You In Court.

26 comments:

Anonymous said...

Dolphins still on the way to the Imperfect Season! They successfully kept their uninterrupted streak by losing to the Jets 40-13.

Anonymous said...

At this moment, Barzee seems to be beating Martinez, 40-38.

Perhaps, this has become a race of Carlos Martinez against "Anyone But Carlos Martinez".

That doesn't speak well for Carlos now does it? Despite, the parade of achievements we're about to be reminded of in... 3, 2, 1... roll another endorsement from another Carlos cronie!

Anonymous said...

Like many young lawyers I started my career "in the pits" at the Public Defenders Office. I did my job and left after four years. The PD office never advertised itself as anything more to me than an opportunity to hone my craft and move on for better pay.

To some representing the poor is a calling. It's not mine and that's why I'm no longer there, but I do respect those whose it is. BHB has that and so does Carlos. I think my community is better off because they do. Disparage them all you want but I would much rather have someone there who has that than someone who doesn't.

Anonymous said...

Attention readers: This Friday at Tobacco Road at 5:30 pm Bill Barzee will be making an annoucement about his future plans.

See you all there.

not carlos martinez's mom said...

You people need to stop playa hating on C. Marty.

You will be assimilated foolz. Resistance is futile. He will be your next elected Defenda!

Say it with me now: C. Marty for 305 Mia P. Dizzo!

Anonymous said...

Rumpole, oh rumpole, I just had the worst dream/nightmare. I need your wisdom, please reassure me it won't end like this. I dreamed that a new public defender was elected, actually 3 different ones. The first won I'll call the cowardly lion. He acted tough but was full of fear. He hired a bunch of narcissitic pretty women and thin handsome men- was in his mid 30s and hired a bunch of lawyers who was also below 40. They growled and talked tough about revitalizing the office with aggressive talented people but instead fired all the most experienced attorneys and then gave themselves raises to the same level they complained about in the election. And when judges complained about inexperience in true fearful fashion the cowardly lion roared and growled rather than know his true strength, not have to prove anything, and negotiated a resolution of invasion of his turf by retreating with a warning. Rumpole, the next nightmare was that a man was elected who did not have a brain. He was full of it, straw actually,and he had great dancing ability, indicative of athletic prowess. Yes a former athlete ascended to the throne. He just happens to be african american and he came into office and hired a lot of black lawyers to represent black defendants. this caused an exodus of dozens of people from the pd who were not used to having more than 3 or 4 black pds at one time even though in felony court 80% of the defendants in the box are black. I dreamt that bling, hip hop, and souped up cars with rims in the parking lot as streams of black lawyers entered the hallowed halls of the pd where jews once reigned. when judges complained about no more uf, um and fsu graduates and now having to deal with st.thomas, fiu, nova and barry the pd, oh it is so unbearable rumpole, he said, the chickens have come home to roost whitey! The third part of this trifecta nightmare had a man with no heart elected, he was such a wimp he made squeaky noises when he walked down the hall and people would turn and stare at him which upset him. He was made of tin, not good at repelling bullitts which are thrown at someone in Miami public office which is why, due to his heartless gutless nature, he became a sycophant to his boss which led to his rise in the pd's office. He kissed ass, having no heart he could not stand on his own 2 feet so he became a bureaucrat. Because the demographics of Miami changed so much while his boss was pd that it became inevitable that the new pd had to find someone with no heart, a hispanic name, and willing to keep the old staff at the same salaries and when he gets reelected the first time then he can start hiring minority attorneys to replace retiring old tired bureaucratic current coworkers. Oh rumpole, please grand wizard, take me away from this fantasy land which I will cause oz, return me to my safe home in key biscayne. please reassure me than someone other than a cowardly lion, hearless tin man, or brainless scarecrow will replace BB, 35 year reign, most of it distinguished, in a job so hard that his excellence will not be appreciated until the cowardly lion is at the helm, because no one else has stepped up to the plate to confront the cowardly lion. Rumpole- who can scare the cowardly lion?

Anonymous said...

When the Eastern plane crashed I was frantic. I was working in Sarasota and my dad was SUPPOSED to be on that flight from up north to visit me. I just got out of high school.

At the last minute, he changed plans.

As a pilot and FAA Safety Counselor, we all study that crash and learn from it. Now we all say, Hey, who's flying the plane?"

Mike Catalano

Anonymous said...

Many people forget that Miam-ah has a history to it. The civil courthouse, in its various iterations, is closing in on 100 years old.

Miami has been a fashionable and great city since the 20's. It's had it's ups and downs. The oft heard refrain from certain quarters: "without [my ethnic group] Miami would be nothing" is claptrap. Miami, writ large, has a fascinating history and a promising future no matter which wave of immigrants and carpet-baggers fill it next. It has legends and heroes like "Bud" Marquis who go back a century and will see legends and heroes emerge in the next century.

Anonymous said...

BILL BARZEE 42 (29%)

CARLOS MARTINEZ 42 (29%)

its a tie can they share power?

Anonymous said...

"The Ghost of Flight 401" was one of the best books I ever read. Haunting but at the same time pretty uplifting. I read it soon after it came out and it still sits on my bookshelf. Maybe time for a re-read.

fake ed newman said...

Miami has the dolphins
an 0-12 football team

their best chance was to beat the Jets
or so it really seemed

they haven't won a game this year
every week has been a loss

cause when you're talking Miami
Wayne Huizenga sucks as a boss

Miami dolphins
miami dolphins
miami dolphins oh and 12

miami dolphins
miami dolphins
miami dolphins this really blows

Anonymous said...

Suggestions for the Dolphins for the last 4 games: 1. have the head coach take a leave of absence, he will of course be fired at the end of the season. 2. try a game with no coach, just let the players play. 3. try a game with no headphones, coaches in the press box etc. go back to the good old days- 4. let the quarterback call the plays 5. have someone from make a wish coach a game- some kid dying 6. have a sports anchor coach a game 7. have a writer/critic coach a game. 8. have the ownner coach a game 9 . have the mayor coach a game 10, criminal defense atty coach in exchange for free dui defense of players and domestic abuse 11. have the kid of a former player coach, dan marino, dolphin cheerleaders. hoooters girs. Could they do worse than 0 and 12?

William said...

Ken Kaye wrote a great article today in the Sun-Sentinel. My aunt, Evelyn De Salazar, was on the way to spend a holiday with my sister when we received a call informing our family that Flight 401 had gone down. My father, Martin, asked me to go to Miami with him. I was 17 at the time, and we were beside ourselves as Aunt Evelyn was a great lady. She died in the Everglades. Her white toy poodle survived and was badly burned by the gasoline that had leaked into the Everglades. We never got over it. My father's only sister was an accomplished artist who was very distinguished, polite and humble.

I always wanted to meet the rescuers on the airboat. I know my father and our family were always moved by the bravery those men and women faced in saving the lives of the other 75 passengers who survived the crash.

I'm sorry I didn't know earlier about this reunion. We never got any closure from Flight 401. And, my father, Martin, passed away in Sept of 2003.

Thanks for writing about the reunion.

Sincerely,

Will De Salazar

fake wayne huizenga said...

The new Dolphin ditties:

Miami has the Dolphins.
the crappiest football team.
They go from game to game
without a single win.

They're on the bottom,
they're on the muck,
they're never in control.
And when you say Miami,
you are talking Super Hole.

Anonymous said...

Lets just see how smart the bloggers really are. Here is the legal question that I am having a problem with.

The group U2 is popular so they trademark the name "U2" in 1990.

The owners in 1990 of the trademark enter into a recording contract with EMI for recordings of "U2" world wide.

Now in 2007, the original owner of the trademark sells the Trademark and name of "U2" to some investor.

The new owner signs "U2" to EMI's competition Universal Music.

EMI claims rights to "U2" through the recording contract still in effect from 1990.

Universal Music says that the trademark "U2" was sold to new owners making all dealings before the sale void including EMI's recording contract.

So who is right Universal or EMI?

Fake Gretta said...

Jayne will run! Jayne will win! A REAL LAWYER FOR PD! GET ON BOARD THE WEINTRAUB EXPRESS.. YOU'VE READ IT HERE FIRST!

Anonymous said...

honoring a gigger of frogs. weed objects to this!!!!!

Rumpole said...

Mr. De Salazar-
Your comment brought an all too rare smile to my face. I am glad I could play some small part in easing your pain.

HR

Rumpole said...

Is anyone else experiencing internet problems? Like websites not loading or limited or no access across a network? I am having the same problems at home that I had today at work. Anyone?

Fake Roy Black with some help from F. Lee Bailey said...

Trademark law, ummmm... EMI would still maintain the rights and could enforce them against U2 and new owners of trademark.

Anonymous said...

yes rump, I am having internet problems as well.

Anonymous said...

I believe that the Nolle Prosse mystery that was on the blog last week is being heard in front of Judge Rodriguez tomorrow in 2-8. Should be some fireworks.

Anonymous said...

Rump
Legal Questions on the blog, how dare you. I dont want to think of work at home; besides what do us in the criminal arena know of trademarks? I thought the U2 was copyrighted by Gary Powers.
D. Sisselman

CAPTAIN said...

THE CAPTAIN REPORTS:

TRIAL OF THE CENTURY....

Florida JQC vs. Her Honor C. Aleman, d/b/a The Constitutional anti-Crist (see below)

Tuesday, December 4, 2007

To put this entire case into perspective, none other than APD Bruce Raticoff sums it up best:

"Judge Aleman is supposed to maintain courtroom decorum and professionalism and fairness and openness, and instead she engaged in gamesmanship when she had a guy’s life in her hands,” Raticoff said. “She should be excised from ever holding that kind of authority again. She’s a constitutional anti-Christ.”

Aleman is charged by the JQC with formal charges for incidents when she:

• Threatened to hold two assistant public defenders in contempt in a first-degree murder case for not filing a motion quickly enough.

• Held a contempt hearing for a defense attorney when she knew he was out of town, and then sentenced him to 60 days in jail for missing two hearings.

• Refused to release a man allegedly dying of AIDS from jail and then issued an order releasing him once a negative article was published about the incident.
(later dismissed)

• Served on cases involving a defense attorney with whom she had conflicts.

Should be a very interesting trial - we look forward to the outcome!!!

CAPTAIN OUT ......

Anonymous said...

What time are the fireworks in 2-8? What judge Rodriguez is hearing it? Rosa or Jose? Last I knew Jose was in civil. And why is a circuit judge hearing it?

Anonymous said...

What's going on with Jack Thompson and his trial in front of Tunis?