Judge rules Colgan 3407 recording to be used
10-20-2010, 10:31 AM
#1
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Judge rules Colgan 3407 recording to be used
Judge rules Flight 3407 cockpit recording can be used as evidence - Courts - The Buffalo News
Judge rules Flight 3407 cockpit recording can be used as evidence
The full, unedited cockpit recording from the Continental Connection Flight 3407 air crash can be used as evidence in an upcoming federal court trial, a judge ruled today.
U.S. District Judge William M. Skretny's decision is an important win for families who filed lawsuits after losing loved ones in the Feb. 12, 2009, crash in Clarence Center.
Attorneys for the airline that ran the flight argued that a written transcript of what the pilot and co-pilot said during the flight would be sufficient evidence for jurors to determine what happened.
Attorneys for the victims' families argued that only the raw cockpit tape could clearly show jurors the "pre-impact terror, conscious pain and suffering, the pilots' inattentiveness [and] the atmosphere in the cockpit."
Skretny's seven-page ruling sided with the families.
"Production of the recording [as evidence] is necessary because the written transcript does not and cannot reflect tone of voice, pitch, volume or inflection, nor does it necessarily accurately reflect ambiant and other noises pertinent to the aircraft's operation," Skretny wrote.
A transcript of the cockpit recording was made public last year, but the transcript includes some inaccuracies and leaves some things out, said Skretny, who listened to the tape in private before making his ruling.
A wrongful-death trial in the crash that killed 50 people is scheduled to begin before Skretny in March 2012.
Hundreds of millions of dollars could be at stake in the trial before Skretny, who is the chief judge of the federal courts of Western New York.
So far, at least 39 lawsuits have been filed in connection with the tragedy, and at least five lawsuits have been settled out of court, court officials said.
The cockpit talks between Capt. Marvin D. Renslow, the pilot, and co-pilot Rebecca L. Shaw have been a subject of controversy since the crash. Officials of the National Transportation Safety Board have said the transcript shows that the two pilots violated flight safety regulations by engaging in extraneous conversations.
"The Second Circuit [Appeals] Court has recognized the evidentiary importance of the audio recording from a cockpit voice recorder, which is often the only piece of neutral evidence in an air crash case," Skretny wrote in his ruling.
Well, now CVRs are being used in litigation. What a long cry from when they were only supposed to be used to assist in accident investigation. Sad day for us all.
Judge rules Flight 3407 cockpit recording can be used as evidence
The full, unedited cockpit recording from the Continental Connection Flight 3407 air crash can be used as evidence in an upcoming federal court trial, a judge ruled today.
U.S. District Judge William M. Skretny's decision is an important win for families who filed lawsuits after losing loved ones in the Feb. 12, 2009, crash in Clarence Center.
Attorneys for the airline that ran the flight argued that a written transcript of what the pilot and co-pilot said during the flight would be sufficient evidence for jurors to determine what happened.
Attorneys for the victims' families argued that only the raw cockpit tape could clearly show jurors the "pre-impact terror, conscious pain and suffering, the pilots' inattentiveness [and] the atmosphere in the cockpit."
Skretny's seven-page ruling sided with the families.
"Production of the recording [as evidence] is necessary because the written transcript does not and cannot reflect tone of voice, pitch, volume or inflection, nor does it necessarily accurately reflect ambiant and other noises pertinent to the aircraft's operation," Skretny wrote.
A transcript of the cockpit recording was made public last year, but the transcript includes some inaccuracies and leaves some things out, said Skretny, who listened to the tape in private before making his ruling.
A wrongful-death trial in the crash that killed 50 people is scheduled to begin before Skretny in March 2012.
Hundreds of millions of dollars could be at stake in the trial before Skretny, who is the chief judge of the federal courts of Western New York.
So far, at least 39 lawsuits have been filed in connection with the tragedy, and at least five lawsuits have been settled out of court, court officials said.
The cockpit talks between Capt. Marvin D. Renslow, the pilot, and co-pilot Rebecca L. Shaw have been a subject of controversy since the crash. Officials of the National Transportation Safety Board have said the transcript shows that the two pilots violated flight safety regulations by engaging in extraneous conversations.
"The Second Circuit [Appeals] Court has recognized the evidentiary importance of the audio recording from a cockpit voice recorder, which is often the only piece of neutral evidence in an air crash case," Skretny wrote in his ruling.
Well, now CVRs are being used in litigation. What a long cry from when they were only supposed to be used to assist in accident investigation. Sad day for us all.
10-20-2010, 10:55 AM
#3
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Another scary part is that up until now (correct me if I'm wrong here)... the only medium released to the public was the transcript, not the actual recording. All "recordings" we hear are actually actor re-enactments of the written transcript.
Now the actual recording is going to go to the public. I'm not comfortable with this. If one of my CVRs ever gets pulled, I don't want my family having to listen to me saying my last words.
Now the actual recording is going to go to the public. I'm not comfortable with this. If one of my CVRs ever gets pulled, I don't want my family having to listen to me saying my last words.
10-20-2010, 11:05 AM
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This is also why pilots need to smarten up when it comes to the chatter both sterile cockpit and in cruise. NOTHING in the sterile zone should be said other than the bare minimum. Say "nice sunset" at 9999 ft and then go off the runway 30 minutes later and the trial official government hacks will issue a ruling that what you said was negligent and contributed to the accident. Ambulance chaser scum lawyers will come after your family's home, your kid's college fund, your widow's savings and possessions.
Even when not in the sterile zone, watch what you say. Never put on tape that you are tired or anything obviously similar, and remember that cash is privacy. Be smart people.
Even when not in the sterile zone, watch what you say. Never put on tape that you are tired or anything obviously similar, and remember that cash is privacy. Be smart people.
10-20-2010, 11:06 AM
#6
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Unfortunately there are also consequences to bringing these types of crashes to the forefront in an effort to raise public awareness and safety. Too much knowledge may also be a bad thing. There are many other worse mistakes made by pilots but non of them have gotten as much attention as this Colgan crash have.
10-20-2010, 01:06 PM
#7
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ALPA needs to step up just like it did when CVRs first came into the cockpit. There needs to be a nationwide strike. Period.
For all those RLA "scholars"... strikes may be conducted for political reasons. I believe this is a pretty strong reason.
For all those RLA "scholars"... strikes may be conducted for political reasons. I believe this is a pretty strong reason.
10-20-2010, 05:32 PM
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