Close Call at JFK
02-10-2023, 01:49 PM
#231
All is fine at .79
Joined APC: Sep 2016
Position: Paahlot
Posts: 4,171
The NTSB reported further:
On February 1, 2023, NTSB conducted ATC interviews, which were audio recorded for transcription. Recorder data from both aircraft were obtained. Cockpit voice recorder data were both overwritten. Flight crew statements were received. In addition to the crew statements, NTSB attempted to interview the American Airlines flight crew three different times. American Airlines cleared the flight crew’s schedule to ensure their availability; however, the flight crew refused to be interviewed on the basis that their statements would be audio recorded for transcription. On behalf of the crew, the APA party representative informed the NTSB that the crew would not consent to participate in audio recorded interviews in any manner. NTSB has determined that this investigation requires that the flight crew interviews be audio recorded and transcribed by a court reporter to ensure the highest degree of accuracy, completeness, and efficiency. As a result of the flight crew’s repeated unwillingness to proceed with a recorded interview, subpoenas for their testimony have been issued.
On February 1, 2023, NTSB conducted ATC interviews, which were audio recorded for transcription. Recorder data from both aircraft were obtained. Cockpit voice recorder data were both overwritten. Flight crew statements were received. In addition to the crew statements, NTSB attempted to interview the American Airlines flight crew three different times. American Airlines cleared the flight crew’s schedule to ensure their availability; however, the flight crew refused to be interviewed on the basis that their statements would be audio recorded for transcription. On behalf of the crew, the APA party representative informed the NTSB that the crew would not consent to participate in audio recorded interviews in any manner. NTSB has determined that this investigation requires that the flight crew interviews be audio recorded and transcribed by a court reporter to ensure the highest degree of accuracy, completeness, and efficiency. As a result of the flight crew’s repeated unwillingness to proceed with a recorded interview, subpoenas for their testimony have been issued.
https://avherald.com/h?article=503c9620&opt=0
02-10-2023, 05:36 PM
#237
Gets Weekends Off
Joined APC: Nov 2020
Position: Enoch Powell Enthusiast
Posts: 2,170
https://www.weny.com/story/48364005/...nway-incursion
Some more info here going into some of the nuances of the APA lawyers position on recording post incident interviews.
(No dog in this fight, just professional curiosity)
Some more info here going into some of the nuances of the APA lawyers position on recording post incident interviews.
(No dog in this fight, just professional curiosity)
02-10-2023, 05:47 PM
#238
Gets Weekends Off
Joined APC: Jan 2022
Posts: 192
Pretty sure that since this is a government investigation, then they still are eligible to the rights afforded to them by the Constitution. I certainly hope that the 14th Amendment still applies in this case (which is what the lawyer is arguing). They could potentially lose their certificates, and if they make any statements, it could incriminate them further.
02-10-2023, 05:49 PM
#239
You scratched my anchor
Joined APC: Feb 2011
Posts: 4,908
https://www.weny.com/story/48364005/...nway-incursion
Some more info here going into some of the nuances of the APA lawyers position on recording post incident interviews.
(No dog in this fight, just professional curiosity)
Some more info here going into some of the nuances of the APA lawyers position on recording post incident interviews.
(No dog in this fight, just professional curiosity)
02-11-2023, 04:00 AM
#240
Gets Weekends Off
Joined APC: Nov 2020
Position: Enoch Powell Enthusiast
Posts: 2,170
Based on the posted article (and who knows how accurate that even is?), the AA crew did call the tower on a recorded line.
One scenario where I’d imagine counsel would be hesitant to advise a formal recorded/transcribed interview would be if those tapes weren’t available to review prior to a debrief.
Anything said that “contradicted” the recorded tower conversation might be construed as dissembling then or changing a story a month later..not good. But also very unfair; recollections of eye witnesses and participants to events are usually terrible. The legal system knows this, but pretends it’s not the case anyway.
Or it could be something totally different, IDK. It’s in the lawyers hands now, and I sincerely hope the AA pilots have good ones.
The broader issue of generally not recording interviews to foster open, free, and frank dialogue in the interests of furthering safety doesn’t seem unreasonable.
One scenario where I’d imagine counsel would be hesitant to advise a formal recorded/transcribed interview would be if those tapes weren’t available to review prior to a debrief.
Anything said that “contradicted” the recorded tower conversation might be construed as dissembling then or changing a story a month later..not good. But also very unfair; recollections of eye witnesses and participants to events are usually terrible. The legal system knows this, but pretends it’s not the case anyway.
Or it could be something totally different, IDK. It’s in the lawyers hands now, and I sincerely hope the AA pilots have good ones.
The broader issue of generally not recording interviews to foster open, free, and frank dialogue in the interests of furthering safety doesn’t seem unreasonable.
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