Victims of the
Surfside condo collapse were granted access to physical
evidence in the case after the federal government refused to
do so.
The National Institute
of Standards and Technology (NIST) sent a letter to the
Miami Police Department on Friday saying a more “intense
phase of its investigation” was beginning and it would
“maintain exclusive custody” of evidence from the collapse
that is stored in a warehouse, the Miami Herald reported.
NIST said express permission would be needed by the agency
to inspect and test the evidence.
The judge in the case was shocked at the federal
government’s attempt to block access after he previously
issued a subpoena that would let all parties examine the
evidence. |
|
|
“I’m somewhat shocked,
to be frank, that a federal agency would attempt to say that
these civil litigants should be precluded from access to
this evidence until we’re done with our investigation two to
three years from now,” Judge Michael Hanzman said in a Zoom
hearing Friday, according to the local outlet. “They have
the luxury of time. But these victims and these parties do
not.
“This is material evidence ... that has been subpoenaed in
this case,” Hanzman added. “I’m ordering that this evidence
be made available to these litigants.”
Before the federal government took over, the county
government had indicated it had reservations about sharing
evidence due to the Miami Police Department’s active
investigation into the collapse.
An attorney for the county said giving access to the
evidence for testing would “compromise” the investigation in
court.
The attorneys for the victims from the collapse that killed
98 people praised the judge’s decision, saying “the victims
can’t be made to wait for years to gain access to critical
evidence.”
A spokesperson for NIST said after the judge’s decision the
agency has the authority to preserve evidence and has
“therefore assumed custody and control of the evidence and
will continue to cooperate while maintaining the integrity
of its investigation.”
The judge said the trial will occur in March 2023, almost
two years after the collapse, and the parties need to come
up with a plan to share evidence by next Friday’s hearing.
“Since the tragic collapse in Surfside, Miami-Dade County
has been working collaboratively with all parties and
agencies involved to help ensure as speedy a process as
possible so families and survivors may receive the
compensation they deserve and a comprehensive investigation
may be completed to avoid similar tragedies," the county
mayor’s office said following the hearing. "We will continue
to work with federal agencies, the court, and the families
and survivors as the investigation continues."
The Hill has reached out to an attorney for the victims for
comment.