PHILADELPHIA — The defense suffered a significant setback in the trial of Amtrak engineer Brandon Bostian on Tuesday, with Common Pleas Court Judge Barbara McDermott ruling the jury would not be allowed to hear any testimony regarding automatic train control.
KYW-TV reports the defense had planned to argue that Amtrak was at fault in the accident for not activating the train control system at the site of the 2015 derailment that killed eight people. Bostian, who was at the controls when the train derailed after entering a 50-mph curve at more than 100 mph, is on trial for causing a catastrophe, involuntary manslaughter, and reckless endangerment.
Defense attorney Robert Goggin said Amtrak had turned off the ATC “in anticipation of positive train control, and they didn’t put in positive train control [until later].” Goggin said the ruling was “brutal.”
The trial continues Wednesday.
3-4-2022: the case went to the jury yesterday, 3-3-2022.
To backfill, the Philadelphia District Attorney declined to prosecute Bostian; the Pennsylvania Attorney General stepped in and is prosecuting. The Attorney General is also running for Governor with the Primary Election coming up May 17, 2022.
Mr. Bostian’s union and the other rail industry unions should politely inform the judge and persecution to drop the charges immediately. Otherwise not one train will ever run again in the U.S. until they are. If government power run amuck goes unchecked and isn’t stopped now, what happened to Mr. Bostian could happen to any one of us for making a tragic mistake.
I would appeal the Judges ruling. It is hard to understand the Judges rational.
That’s a terrible ruling
According to a book entitled Triumph III, by David W. Messer, on page 140, there’s a map and description of a realignment that was approved by the Philadelphia City Council on April 5, 1902, that would have virtually eliminated the curve at Frankford Junction. For whatever reason that the realignment was never built, it is evident now that not going ahead with the realignment was a mistake.
When the Acela train was being introduced decisions where made to deactivate the ATC in a few locations, lest the Wonder-Train be less wonderful. But whatever the motive, it is evident now that deactivating the ATC was a mistake.
And in 2015, an engineer running equipment on which he was only recently qualified, ‘rolled it over’ at that same location. Whatever the reason, it is evident that losing situational awareness was a mistake. Only he’s being criminally prosecuted….
Shall we hope for a mistrial. It would seem to me (not a lawyer) this is ABSOLUTELY the critical reason for the fatal accident. In news accounts of the accident at the time (IIRC) the ATC was active one way but NOT the direction of the tragedy. Who made that decision?
If some municipal employee mistakenly (from instructions, he got street names mixed up) removed a stop sign, how on earth could it NOT be expected to cause a wreck?
I would like a lawyer to explain how the judge was acting properly in not allowing this critical FACT be heard by the jury. endmrw0302221248
I hear grounds for claim of “mistrial” on this one.