MIAMI — Since the deadly Surfside condo collapse more than seven months ago, any clues hidden in the debris that would shed light on what went wrong at Champlain Towers South have been kept under the sole watch of federal investigators. But that is likely about to change.
Experts representing Champlain South collapse victims, defendants, and other parties have been fighting to gain access to a warehouse containing the evidence — a fight that spilled into public view last week when an attorney for Miami-Dade County revealed at a court hearing that it would cede control to the National Institute of Standards and Technology, which is leading the federal probe. That decision came despite a subpoena from Judge Michael Hanzman allowing parties in the lawsuit access.
Shortly after the contentious court hearing last Friday, Michael Goldberg, the attorney appointed by the court to make decisions for the Champlain South condo association, set up a meeting with county officials and NIST. Goldberg told Judge Hanzman on Friday that the parties were working on a “joint protocol.”
“I am cautiously optimistic that what seemed to be a fight over the evidence brewing last week will result in an agreement where all parties’ rights are set forth in this protocol and everybody will have the access they need,” Goldberg said.
As for the timing of the deal, Goldberg said that he’s “encouraged” it could be done without impeding the trial. Judge Hanzman, who initially said he expected it to be done by Friday’s hearing, told Goldberg he’s willing to give him another week, then added, “Let me make it very clear: You don’t have a choice.”
“I’m not going to tolerate any delay for a turf war over this evidence,” Judge Hanzman said. “This case is going to trial in 13 months, and the parties’ experts need to start their work. So wrap it up next week, complete the protocol, and bring it back to me.”
Judge Hanzman appeared to be outraged last week when he learned that NIST had asserted its right to maintain sole custody of the evidence in the investigation. In a letter sent to Miami-Dade police, a NIST official said the federal investigation was moving into a “more intense phase” and that the agency had a statutory duty to protect the evidence.
A spokesperson for NIST told The Miami Herald on Friday that the agency “continues to work cooperatively with local authorities and other stakeholders while preserving the integrity of the federal investigation being carried out under the National Construction Safety Team (NCST) Act.”
The judge has targeted the trial for March 2023 and urged all parties to work quickly so that victims can be compensated.
(Miami Herald investigative reporter Nicholas Nehamas contributed.)
