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, January 13, 2014

SCRAM

Whist perusing the FACDL emails last week (for which we are grateful to our readers who forward them to us. Nothing against FACDL personally, but we just don't join organizations. It's a religious thing....sort of) we came across several emails which, if you didn't read closely, you might have thought the participants were discussing the imminent meltdown of a nuclear reactor. Terms like "SCRAM" and BOT and IID were being tossed around with frequency and alacrity.

We give FACDL a hard time, but the truth is that the muckity-mucks do what they do for free, donating their time and efforts on behalf of the defense bar and our clients.

Thus, we give FACDL Miami their due, and recognize their current president who stepped in last week and mediated an  impending contretemps over what appears to us (with admittedly limited knowledge in this obtuse area of the law) to be the equivalent of PTI for DUI, known as BOT. OK? Now scram. 





Bot letter from Justicebuilding


Perhaps the next time you see Mr. Pereira you should buy him a beer. But not too many, else wise he might need to enroll in BOT. 

GOODBYE
To the great blog Hercules and the Umpire, run by the exceptional US District Judge Richard G. Kopf.  Judge Kopf ended his remarkable blog on January 1, 2014. You can still peruse the blog and comments (and find an exchange between Rumpole and the Judge on his last post, disproving the notion that we're never nice to those who wear the black robes) and we highly recommend the blog post on sentencing, where the Judge reflected on the harsh sentence he gave a defendant who went on to be released, graduate law school, and receive a prestigious clerkship with a DC Circuit Judge.  

Well done Judge Kopf. Well done indeed. 

See you in court. 

13 comments:

MC Waste Services, Inc said...

i followed his blog. i thought he was too cavalier with some of his comments, especially about cases and sentencing hearings that were still before him. it really was a cool blog, cool topics, but sometimes i wondered if he thought about who may have been reading his stuff. though he denied it, i believe someone called him about his blog and he decided to shut it down. For me his finest posting was on father's day when he remembered his son always blowing things up and how he missed having his son around. there is a cost for honesty and i think we are all paying for it.

Anonymous said...

Just once, I wish the SAO would consult with all the defense bar before they change program rules.

Anonymous said...

Suppose Johnny examines 34 supporting columns of the Dade County Courthouse and finds that 32 columns show substantial corrosion of their internal steel.
Question: How many more columns need to be examined before Johnny decides to return to working at REG?

MADD MEN said...

SAO couldn't get their lips off MADD's asses to include us in the discussion.

Anonymous said...

Can anyone recommend a good CPA?

Anonymous said...

Mark Hollander is good.

Anonymous said...

Miami-Dade's SAO has no spare lips between MADD ass & catering all these PTD programs to defendants! When did KFR get elected to override the legislature?

Anonymous said...

Boy is the a boring subject.

Anonymous said...

I thought it was 32 out of 36 columns. Which means out of 144 columns, 128 are bad - 88.88%.

Yet I am very VERY worried about being in the Dade County Courthouse. Since most criminal practitioners will not have to step in Dade County Courthouse, this issue is meaningless to them. But I must admit I drive to DCC terrified now, wondering if this day will be my last.

In addition every column may well have between 31%-50% steel loss.

"Regarding the current use and occupancy of the building, we don't not have an immediate concern of collapse..."

Yet the line after next reads:

"However, given the estimated loss of steel in some of the tested areas, localized failure may take place in the event of excessive loading. With that said, we recommend a full evacuation of the building in the event of a level 1 hurricane."

You can tell I feel very safe.

Anonymous said...

SAO kissing MADD's ass? HUH? MADD fought to pass laws requiring mandatory convictions for all DUIs.............You think diversion was MADD's idea? Where do you people get this stuff? Are you really so blind, are things really so personal, that you think KFR created diversion to make MADD happy? You should be thanking her for creating the program (which so many begged for), not hammering her for trying to make it work (and, let's face it, we all want it to work...... if the program doesn't work and the recidivism rate skyrockets, they're going to ditch it).

BTDT

Anonymous said...

Quite frankly speaking as a private def atty BOT was awful for our business. Still is. I hope they make it so onerous that it fails.

Anonymous said...

USSi

Mr. Asael Marrero
Miami-Dade County
lntemal Services Department
111 NW 1“ Street, 24"‘ Floor
Miami, Florida 33128

January 10, 2014
via Email

RE: Miami-Dade County Courthouse — Basement Columns
Project No. W130073

Dear Mr. Marrero:
As requested, please accept the following as a summary to-date of our findings and investigations concerning the existing columns at the basement level of the Miami-Dade County Courthouse building located at 73 West Flagler Street.

As you are aware, our office (USSi) along with our sub-consultant (G.M. Selby, Inc.) has provided non-destructive testing of the referenced columns. USSi has provided NDT via acoustical impact (sounding of the concrete surface area) and GMS has provided NDT via penetrating radar. We are current [sic] working on the final presentation of our reports. As requested, this letter serves as a brief summary of our findings for the purposes of your meeting today.

In reference to the concrete encasement, our mutual testing has yielded concurrent results. The extent of damaged and delaminating concrete extends to an average 48" above the finish basement level slab. It is anticipated that we will ultimately recommend an appropriate height for all existing
columns which will include the removal of the existing concrete encasement up to said level, treatment of existing steel below and replacement of encasement with new concrete.

Of greater concern is the condition of the structural steel framing below the concrete encasement. As you know, the concrete encasement acts as fire-protection for the structural steel member below which is actually the supporting structure. The testing provided by GMS to date reveals damage and
corrosion of the existing structural steel members extending on average about 36" above the slab deck. In some instances, the testing reveals damage to some of the rivet connections within the column flanges. On average, GMS estimates about 31% loss of steel in some of the members tested,
some as high at 50%. This is significant.

Anonymous said...

[page 2]

Please keep in mind that under the terms of our current contract, the testing provided is limited to the column area above the finish basement slab. Though the column appears to extent [sic] about 7" below the slab per the original drawings, we have expressed concerns regarding the condition of column below the slab level, specifically the condition of the steel column, base plate, connections and concrete footing below. Aside from the obvious examples of delaminating concrete visible above the slab, the daily flooding of the basement due to the fluctuation in the water table
leads us to believe that the visible damage is extending well below the slab level. As a courtesy, GMS provided a cursory test of the slab and footing area below one of the columns. Preliminary results yielded damage to both the existing structural steel and concrete.

As a result we have recommended destructive testing of at least two columns in order to ascertain the full extent and severity of the damage with the goal of establishing a comprehensive plan of action. The plan not only needs to address the repair of the columns, but must address the flooding in order to ensure that any repairs made are protected into the future. At this time, it is not possible to report on the extent of damage and necessary repairs until said destructive testing takes place.

Regarding the current use and occupancy of the building, we do not have an immediate concern of collapse or failure based on the visual observations to date. Buildings of this age have an inherent redundancy built into their design that assists greatly with the overall stability of the structure. However, given the estimated loss of steel in some of the tested areas, localized failure may take place in the event of excessive loading. with that said, we recommend a full evacuation of the building in the event of a level 1 hurricane. Our opinion is subject to change based on the availability of future information and results of destructive testing. Upon conclusion of our evaluation, in conjunction with the results of the destructive testing, temporary shoring may be recommended for columns that are deemed unsafe unit such time as full repairs can be provided.

Please review the preceding and do not hesitate to contact us should you have any further questions or comments at this time.

Sincerely,
U.S. Structures, Inc.
/S/
José A. Toledo, P.E.
FL License No. 54891
President