Earthquake Stalls Secondhand Smoke Trial
Just as the secondhand smoke trial was nearing closing arguments, the earthquake tremors hit.
Photos
Before the tremors struck, inside the Prince George’s County Circuit Court, Greenbelt Homes Inc. (GHI) attorney Jason Fisher had been attempting to resize a PowerPoint on his computer. Gretchen Overdurff, GHI general manager, had been talking to some people in the audience, while the court stenographer was looking over her transcript.
All of a sudden the room began to shake. It felt like the floor was moving slightly.
“We’re having an earthquake,” the stenographer announced.
Those gathered in the courtroom took cover under the doorway leading into the room. People were scurrying around outside in the hallway, some were shouting to evacuate the building.
Within minutes, we were guided to a stairwell through an adjacent courtroom and ushered in to join the crowd exiting the building.
James Repace, the biophysicist who has testified as an expert witness for David Schuman, reported that he and Schuman, were in an elevator when the earthquake hit. He said he had thought that it was malfunctioning. But they made it out of the elevator in time to evacuate the building with us.
Once outside, people poured out from emergency exits. Police urged the crowd to move away from the building.
Around 3 p.m., police officers announced that the building would remain closed for the rest of the day, ending any hope that the trial would conclude on Tuesday.
Earlier in the day, the court heard testimony in what had seemed likely to be be the final day in David Schuman’s case against his housing cooperative, GHI, for its failure to prohibit the nuisance created by his townhome neighbors, the Popovics', secondhand smoke.
Tokey Boswell had testified, followed by David Schuman taking the stand for the second time. The last witness to testify was Darko Popovic.
When Boswell, the current president of the GHI Board of Directors, took the stand, he echoed some statements made earlier in the trial by Sylvia Lewis.
“We’re not the smoking police,” Boswell said, and called the situation between the Popovics and Schuman “intractable.” He said the membership of GHI would not support terminating the Popovics’ membership over a nuisance claim and that Schuman refused to support any mitigating measures, such as further sealing in his apartment, using fans and HEPA filters, or closing his window when Darko Popovic smokes outside.
Next to take the stand was David Schuman. Fisher took the opportunity to submit a number of exhibits to the court, which were verified by Schuman.
Schuman’s attorney, J.P. Szymkowicz, questioned Fisher about the relevance of the exhibits, many of which were related to Schuman’s renovations.
“The relevance of these documents will become quite clear,” Fisher said. Soon after, without explaining the documents, Fisher announced that the defense rested its case.
With GHI done presenting its case, Darko Popovic called himself to the stand. In a narrative presented to the courtroom, he talked about his and his wife, Svetlana’s smoking habits.
He said from late 1997 to January of 2009, the lull period in which Schuman did not file any complaints about secondhand smoke with GHI, that he smoked a pack of cigarettes a day and that his wife smoked a little less than him. He noted that they would often have friends over who also smoked.
“There were occasions when six or seven smokers would smoke inside or outside,” Popovic said.
“Then my wife fell ill and we stopped smoking inside,” Popovic said, who noted later that this happened in March of 2010. “She completely quit smoking, not only at home, but altogether.”
He said currently he never smokes more than two cigarettes in the evening while at his home.
Szymkowicz asked Popovic if he would agree to walk 75 feet from his property to smoke.
“I agree if every member in Greenbelt has to go 75 feet,” Popovic responded.
Then Szymkowicz asked him why he wouldn’t agree to 75 feet.
“My wife in her current situation can’t walk more than five steps with a walker,” Popovic replied, “I like to sit outside with her and talk with her.”
He said her illness had nothing to do with smoking, but that even so, he smokes several meters from her.
Later, Szymkowicz asked him if he is trying to quit smoking now.
“Not now,” Popovic said, “Now is not convenient for a smoker to quit smoking.”
At the conclusion of Popovic’s testimony, Judge Albert Northrop adjourned for lunch. Afterwards, just as those involved in the case were returning to the courtroom from the break, the earthquake tremors hit.
It is not clear when the trial will resume. When it does Repace is slated to take the stand to clarify points for the plaintiff with closing arguments to follow.
Magnetic
4:59 am on Wednesday, August 24, 2011
Sorry to hear of yesterday’s quake drama. I understand that all, thankfully, came through unscathed. And there might be a brighter side: Everyone will get to enjoy each others’ company in the courtroom for another day :-)
“Szymkowicz asked Popovic if he would agree to walk 75 feet from his property to smoke.
“I agree if every member in Greenbelt has to go 75 feet,” Popovic responded.
Then Szymkowicz asked him why he wouldn’t agree to 75 feet.”
The far better question is if Schuman is willing to have psychological treatment for an acute fixation and obsession with, and anxiety reactions to, tobacco smoke. He could then contemplate suing those that have helped him develop this mental dysfunction.
Ella Robbins
5:24 pm on Wednesday, August 24, 2011
The public health folks (specifically the control freaks among 'em) only recognize the benefits of behavioral conditioning (Pavlov's dogs) as a control tool to dictate others' behavior without understanding its role in causing psychogenic illness. Apparently they don't even understand the concept of "what goes around, comes around" and that the scientific disinformation tools they indiscriminately wield to control the public causes mental dysfunction in themselves as well. As a case in point, I cite the somatics triggered by secondhand cell phone radiation in WHO director Gro Harlem Brundtland:
http://www.detect-protect.com/k/evidence/gro_harlem_brundtland.htm
If public health officials, masquerading as scientists, ever decide en masse to go after cell phones, neighbors are going to start bringing nuisance suits against neighbors for cell phone use,demanding that all mobile devices cannot be turned on within 75 feet of a residence.
Sounds to me like the folks who suffer from psychogenic illness like Schumann have been disabled. Since Schuman undid the work GHI did on his unit to seal out ambient smoke, shouldn't he be suing Tobacco Control for causing his disability instead? Is he also bothered by outdoor barbecues?
JohnE
9:32 am on Wednesday, August 24, 2011
BINGO MAGNETIC!
I do believe an act of GAWD happened yesterday and Mr.Repace maybe ready to take a confessional on the stand to repent his sinful propaganda thru the years and beg forgiveness of the smokers he has helped in criminalizing!
We all know second hand smoke is a myth,now lets get to repealing these smoking bans and start prosecuting those who aided in getting them passed......a sort of nuremburg style court!
MsCitizen2
2:05 pm on Wednesday, August 24, 2011
"We all know second hand smoke is a myth,now lets get to repealing these smoking bans and start prosecuting those who aided in getting them passed......a sort of nuremburg style court!"
HERE, HERE!
Which flank would you attack first? The fact that the anti-tobacco "charities" are not charities at all, but "fronts" for corporate pharmas that have smoking cessation products to sell? (And Sell they DO, with each and every gullible State Legislature that swallows their bogus "science!")
OR
The fact that these "charities" have consistently overstepped Federal Restrictions against tax-free "charitable" entities Lobbying our State Legislatures, and our Congress?
Or would you simply pull up the longest (29 years) study on ETS done by Dr.s Enstrom & Kabat? Who found that the non-smoking wives of smoking husbands proved NO STATISTICAL SIGNIFICANCE for deleterious health effects from their chronic exposure?
http://www.scientificintegrityinstitute.org/defense.html
OR
Would you just encourage the millions of present-day smokers to March on Washington, insisting they will REFUSE to suffer the complete loss of their Right to Free Assembly, and the ugly return of Forced Segregation - at the hands of profiteering liars?
OR
Would you appeal to the "common sense" of John Q public? Who may yet come to realize that millions of baby boomers - who grew up with ETS - are STILL ALIVE?
MsCitizen2
2:55 pm on Wednesday, August 24, 2011
Suspected as much! :)
JohnE
9:33 am on Wednesday, August 24, 2011
Magnetic have you read this:
THE SURGEON GENERALS EPIDEMIOLOGIC CRITERIA FOR CAUSALITY
by P.R.J. Burch
The methodology of the 1982 report of the surgeon general is examined with special reference to smoking and lung cancer. Part 2 of the Report describes the 5 criteria for causality that have guided the judgement of committees since 1964. I show that not one of the criteria,plausibly interpreted,is sastisfied by the epidemiological evidence for lung cancer.A weakness underlying all the Reports is a prior failure to recognize all logical possibilities inherent in an association between smoking and disease.
http://legacy.library.ucsf.edu/action/document/page?tid=hms61f00&page=1
Very interesting read........
BillHannegan
12:24 pm on Wednesday, August 24, 2011
I believe James Repace has admitted under oath that he has been radicalized on the secondhand smoke issue. Look for him to use inappropriate EPA outdoor air quality standards to assess the safety of indoor air. I took him to task years ago when he put out wildly different estimates of how many Pennsylvania casino employees would die without a smoking ban with a few days of each other.
http://www.bizjournals.com/pittsburgh/stories/2007/11/19/editorial2.html
JohnE
12:53 pm on Wednesday, August 24, 2011
Osha has whats called PEL'S and limits for an 8 hour period of exposure to chemicals in indoor environments…[epa is in charge of outdoor air]some smoke free groups have tried to use 30 minute air samples using epa monitoring to create a air borne healthscare.
The actual standard to use is OSHA'S
The EPA standard is to be used for OUTSIDE ambient air quality and it is the average over a period of 3 years.
The proper standard to compare to is the OSHA standard for indoor air quality for respirable particulate (not otherwise specified) for nuisance dusts and smoke. That standard is 5000 ug/m3 on a time-weighted average (8 hours a day, 5 days a week) and is intended to be protective of health over an average working life of 30 years!
JohnE
2:14 pm on Wednesday, August 24, 2011
Woman loses second-hand smoke case
http://www.boston.com/news/local/massachusetts/articles/2010/02/17/woman_loses_second_hand_smoke_case/
MsCitizen2
3:01 pm on Wednesday, August 24, 2011
Interesting. I hadn't heard of this case in Massachusetts. It's good to see that landlords/brokers are prevailing against these WHINERS. AS IF they lived in a completely smoke-free world for most of their lives!
This is going to be the bane of Antis like Repace and Banzhaf - when they find that their own propaganda spawns thousands of lawsuits... and the citizenry starts to see what a royal PITA this whole "smoke free" business will become.
If no guarantees are made that one's condo or apartment will be exactly as you might hope - there will be no basis for a suit. I.E. DON'T MAKE ANY PROMISES FOR SMOKE-FREE HOUSING. Next they'll be suing their neighbors for the smell of burning hamburger - geeessh!
Magnetic
3:06 pm on Wednesday, August 24, 2011
Question to the editor:
What is the status of the case? Is it known when the case will resume?
Thanks
Marlene Bakken
6:28 pm on Wednesday, August 24, 2011
Nuisance laws and taxes (those made in the interest of corporate profit) take away everything that we hold dear: Private property rights, Parental rights, Privacy rights, Equal rights, Labor rights, etc. STOP BULLYING SMOKERS!
MsCitizen2
9:14 pm on Wednesday, August 24, 2011
AMEN! They are nothing but scam artists posing as "scientists" and paid foghorns for J&J, and their tax exempted "charity" The Robert Wood Johnson Foundation.
J&J is the licensee for Nicorette, Nicoderm & (deadly) Chantix.
There - Said It! Let's not coddle these thieving charlatans.
U92
5:10 pm on Friday, August 26, 2011
Smoke-free housing is an urgent, real need that will never go away.
And smokers will always want to smoke in their homes without hearing about how it affects others in theirs.
The comments here make it clear just how rabid smokers' feelings are. They will always believe that:
- they have a moral right to do whatever they want regardless of the consequences to others, and
- people who disagree and wish to decide for themselves what level of air quality is acceptable in their own homes are criminally insane and deluded bullies at best and genocidal maniacs at worst.
If the solution is to have the suffering neighbours of smokers move "elsewhere," then there needs to BE an "elsewhere" for them to move to. And if it is reasonable to tell people like Mr. Schuman to move "elsewhere," then it is equally reasonable to demand this of smokers - the people creating the problem - if they do not wish to live in environments where smoking is prohibited. Liberty either works both ways or not at all.
Regardless of the eventual outcome of this case, until sufficient smoke-free housing exists to meet the demand, lawsuits like this are going to increase, because no other option exists for people who just want to breathe in peace and protect their health and property in their own homes from unwanted and unnecessary threat and intrusion from smoking neighbours.
So why not create multi-unit housing proportionate to the needs of each? Or would this be too reasonable?
Aliengoo
5:47 pm on Friday, August 26, 2011
From all the folks who posted that felt second hand smoke cases aren't merited at all.I can't recall you stating you ARE in fact a smoker.If you're going to debate the carcinogens in second hand smoke aren't harmful.Smokers ought to unite,and take on the multi $B insurance industry who will either reject your health care claim for smoking induced illness,charge smokers a higher premium to be insured,or deny smokers coverage. This is probably the ONLY time I agree with the actions of an insurer.
http://www.cdc.gov/tobacco/data_statistics/fact_sheets/secondhand_smoke/general_facts/index.htm#disparities
http://www.cancer.org/Cancer/CancerCauses/TobaccoCancer/secondhand-smoke
Michael J. McFadden
6:40 pm on Sunday, August 28, 2011
Aliengoo, I find it interesting that in your first link the CDC gives some very specific figures for secondhand smoke exposure. It's decreased from about 90% in 1990 to 40% today. I.E. it's been cut in half. Meanwhile the # of deaths claimed from exposure have remained the same (50,000) and the amount of childhood asthma has increased by roughly 300%.
Sooo... if we want to accept the CDC figures we'd have to say that secondhand smoke exposure has no relationship to secondhand smoke deaths, and that it also serves as a great protection against asthma.
-MJM