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Amtrak Wreck in Philadelphia

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Posted by Euclid on Monday, June 8, 2015 8:23 PM
The way the NTSB has botched this cell phone issue makes me wonder if that is not there intention, that is to dismiss the possibility of cell phone use by not finding the evidence.  For the NTSB to announce going after the records and then to announce that it is too complicated for them; and that they worry about reaching a false conclusion, is nothing short of spectacular if it is simply incompetence.  By going public with all of that, there is no way they are going to be able to legally defend a finding of cell phone use.  They have set the stage for their own defeat.    
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Posted by Euclid on Monday, June 8, 2015 8:14 PM
zugmann

NTSB has been pushing in-cab cameras and PTC for years.  They have been working that into their reccomendations for years.  They already know the ending, they just have to present the facts to match that conclusion. 

 
 
Absolutely right on.  I could write their final conclusion right now.  The only fine point is how they are going to dance around not blaming the engineer.  It will be something like, “This accident cause is so much larger than just one person…”
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Posted by Mookie on Monday, June 8, 2015 7:42 PM

Murray - I don't find anything blantantly obvious that their spokesman was giving out any details, but since this has to cause speculation among the news people, would it be better if they just kept quiet and went about their job?  If, bottom line, they didn't really say anything, why say anything at all.  Confused

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Posted by zugmann on Monday, June 8, 2015 7:41 PM

NTSB has been pushing in-cab cameras and PTC for years.  They have been working that into their reccomendations for years.  They already know the ending, they just have to present the facts to match that conclusion. 

  

The opinions expressed here represent my own and not those of my employer, any other railroad, company, or person.

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Posted by Anonymous on Monday, June 8, 2015 7:13 PM

Euclid
Well if that is their charge, why don’t they limit their activity to just that?  They act like an investigative body who is running for president.  Maybe Norm could chime in and set this straight.    
 

Well its readily apparent you do not understand the investigative and analytic responsibilities of the NTSB.

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Posted by Norm48327 on Monday, June 8, 2015 7:08 PM

The rest of us understand it just fine.

Norm


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Posted by Euclid on Monday, June 8, 2015 6:56 PM
Well if that is their charge, why don’t they limit their activity to just that?  They act like an investigative body who is running for president.  Maybe Norm could chime in and set this straight.    
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Posted by Anonymous on Monday, June 8, 2015 6:17 PM

Euclid
Here are the made public high points of the investigation so far.  It is obvious that the NTSB is walking a very fine line to protect the engineer’s constitutional rights:

This is an absolutely ridiculous statement.  The NTSB is an investigative body who is charged with finding the cause of and assessing the responsibility for an accident.

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Posted by wanswheel on Monday, June 8, 2015 12:38 PM
Robert Sumwalt was well prepared to say no more than he planned to, when he spoke to the reporters in Philadelphia and to the Sunday morning talk show hosts. The chairman of the NTSB at the Congressional hearing, on the other hand, was under oath and could not finesse the cellphone question. That’s when the media said eureka, a juicy story in these dull proceedings.
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Posted by WDGF on Monday, June 8, 2015 10:55 AM

Mookie
...The NTSB was awfully loose lipped in this case right after it happened...

Sadly, this is becoming all too common for investigations these days, especially if someone thinks there's some political advantage to be gained by it.

 

IMHO, any time an investigator says anything other than that he cannot comment on an ongoing investigation, he either has an agenda, is trying too tease out some fact he can't nail down, or he's a fool. Mostly, it's the same as trampling on evidence (and upon rights,) so far as I'm concerned.

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Posted by Norm48327 on Monday, June 8, 2015 10:43 AM

That is all pretty fresh in our minds. Did we really need a recap?

Norm


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Posted by Euclid on Monday, June 8, 2015 8:49 AM
Here are the made public high points of the investigation so far.  It is obvious that the NTSB is walking a very fine line to protect the engineer’s constitutional rights:
 
Mayor of Philadelphia publically blames Amtrak engineer for the crash.
Profile of speed in approach to the curve, and engineer exceeding speed limit by over 100%.
No mechanical failures of train, track, or signals.
Report of other trains hit by rocks or bullets.
Radio report of Amtrak train hit by projectiles.
NTSB does not find radio report of Amtrak train hit by projectiles and concludes there is none.
NTSB calls in FBI to investigate gunfire theory.
Stated reason for FBI involvement is that gunfire would make the case criminal.
NTSB “downplays” gunfire theory based on informal inspection.
FBI finds no evidence of gunfire.
Windshield damage may be either from projectiles or from derailment debris.
NTSB will check engineer’s cell phone records.
Checking cell phone records is really hard and like a labyrinth. 
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Posted by dehusman on Monday, June 8, 2015 7:52 AM

Norm48327
... CNN beat the story to death for months with misinformation and speculation.
 

 
Fortunately it was an air disaster, if it had been a rail disaster this forum would have filed a time claim becase the work of beating a rail related story to death for months with misinformation and speculation belongs to this forum.

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Posted by groomer man on Monday, June 8, 2015 5:54 AM
Thank you Zugman - the kid did not wake up that day saying I'm going to wreck this train - it was human error if his actions did cause it and we should all say a prayer for him and hope he finds a way to go on living
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Posted by Norm48327 on Monday, June 8, 2015 5:34 AM

Mookie
The more your lips flap, the more the media will find to fill up that 24/7. More supposition for everyone.

Truer words never spoken. Think Malaysia Airlines (MH370). Lots of garbage information from the investigators, and CNN beat the story to death for months with misinformation and speculation.

Norm


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Posted by Mookie on Sunday, June 7, 2015 9:39 PM

schlimm

 

 
Mookie
Why can't they keep it quiet until their final report and then let the whole world see the final report in its full context.  If their track record is to - at some time in the future - release the report, then why do we need to have anything from them before that?  

 

The NTSB often releases preliminary reports as they go along in air accidents.   I feel reasonably confident that if the Amtrak train had derailed because a "Darwin Award" person had hit the engine at a crossing, few on here would be complaining about releases of info.

 

Releasing some benign information might be ok, but for the most part, I think they ought to button it up - and just let everyone be patient and wait for the results.  The more your lips flap, the more the media will find to fill up that 24/7.  More supposition for everyone.  And I think prepared statements work best.  Leave the oral briefings for the end.

 

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Posted by schlimm on Sunday, June 7, 2015 8:26 PM

Mookie
Why can't they keep it quiet until their final report and then let the whole world see the final report in its full context.  If their track record is to - at some time in the future - release the report, then why do we need to have anything from them before that?  

The NTSB often releases preliminary reports as they go along in air accidents.   I feel reasonably confident that if the Amtrak train had derailed because a "Darwin Award" person had hit the engine at a crossing, few on here would be complaining about releases of info.

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Posted by Mookie on Sunday, June 7, 2015 6:01 PM

In this day and age of information overload - my question is why does the NTSB have to discuss anything.  Why can't they keep it quiet until their final report and then let the whole world see the final report in its full context.  If their track record is to - at some time in the future - release the report, then why do we need to have anything from them before that?  

(Sorry, Euclid - I typed this all out before I found your reply.)

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Posted by Wizlish on Sunday, June 7, 2015 4:55 PM

wanswheel
NTSB has a moral, ethical, and I believe legal obligation to abstain from the piecemeal chipping away of Bostian's presumption of innocence. Say he did or didn’t cause the crash or shut up.

I think my concern is a little bit different from this.

The NTSB has a remit to determine the causes of this crash, and indicate ways to prevent the recurrence of any problems it finds.  One very likely cause is that Bostian is responsible.  If the NTSB finds he is, then they will report accordingly. 

If the NTSB has some reason to believe that Bostian is responsible, and can enunciate it, they are justified in saying so as they report on the progress of their investigation.

Where the NTSB, or anyone else, is NOT justified is in commenting on actions they are taking that presuppose 'guilt' or 'innocence', or that create an impression of guilt on innocence purely in the way they're semantically expressed.  And that is what this whole business with the cell phone "investigation" says to me, as I've already said. 

It's one thing to say 'We believe the engineer may have used his cell phone improperly' -- and given reasons for that, or backed it up with actual cell-phone data and then introduced the questions about times and dates in the records.  It is quite another thing to trot out a fishing expedition -- knowing full well not only that cell phone use'in service' is highly impermissible under railroad rules, but also that use of cell phones while driving is illegal for the general public to engage in while 'driving'.  The conclusion I drew is that a responsible Government agency was looking for cell-phone use that might be related to the accident; therefore, a good likelihood existed that Bostian was using his phone improperly.  And I cannot help but believe that the pattern of 'information' the NTSB, and the press reporting on the NTSB, have engaged in since then is conscoiusly wrong.

My own opinion hasn't really changed much since the very early part of the investigation: Bostian forgot where he was and accelerated his train into an accident.  Was this as 'criminal' as Ricky Gates running a red signal into an accident (for which he was criminally prosecuted and convicted)?  Remains to be seen if violation of nominal speed limit is comparable to the American equivalent of a SPAD.  And that will be determined after the NTSB final report is in, and whatever criminal charges are actually filed.  There will be plenty of time to 'speculate' about who did or didn't do what when those things actually happen.

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Posted by Euclid on Sunday, June 7, 2015 4:43 PM
Mookie,
That would be my take on it too.  If there all these legal and constitutional elements of investigative protocol, why does the NTSB seem to be acting like a loose cannon? 
I conclude that the NTSB will exonerate the engineer and blame other broader causes.    
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Posted by Mookie on Sunday, June 7, 2015 4:29 PM

Euclid:  Now that I am done pulling on your shoe laces, I do have to agree w/you on one item:

I commented to the Driver right away - The NTSB was awfully loose lipped in this case right after it happened.  They seem to generally treat cases like state secrets until they have their findings - which is as it should be.  

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Posted by oltmannd on Sunday, June 7, 2015 3:55 PM

Euclid
Why is there a presumption of innocence? 

In part, because slander is illegal.

Euclid
So the engineer broke a rule about the speed limit on the curve.  Can there be any legitimate excuse for that? 

He could have been unconscious. 

Euclid
Would the engineer be exonerated from the rule violation if he says he fell asleep? 

We have no idea of his state of consciousness.  We may never.

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Posted by schlimm on Sunday, June 7, 2015 3:50 PM

wanswheel

NTSB has a moral, ethical, and I believe legal obligation to abstain from the piecemeal chipping away of Bostian's presumption of innocence. Say he did or didn’t cause the crash or shut up.

 

As dhusman stated, "They [the NTSB] have mostly said things that were "not" and very little about what "was".  A criminal trial may or may not occur, so direct conclusions about the engineer are not being stated.  However, the public also has rights to know about the safety of Amtrak trains, as ultimately that is one of the missions of the NTSB:

"The NTSB is an independent federal agency charged by Congress with investigating every civil aviation accident in the U.S. and significant accidents in other modes of transportation—railroad, highway, marine and pipeline. The NTSB determines the probable cause of each accident investigated and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety."

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Posted by Euclid on Sunday, June 7, 2015 3:44 PM

Well if they are trying to protect his rights they don't seem to be very sucessful at it.

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Posted by Norm48327 on Sunday, June 7, 2015 3:27 PM

Euclid

Well who says this is a criminal investigation, if the is what you are referring to?

 

You truly are ignorant. The NTSB must protect his rights in this investigation should criminal behavior be later found and he is prosecuted. If you don't understand that you are naive beyond comprehension,

Norm


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Posted by Euclid on Sunday, June 7, 2015 3:21 PM
No I am not playing devil’s advocate at all.  I am just advocating a little sanity to clarify exactly what is the upshot of the last several comments about rights, secrecy, constitutional questions, criminal ingestions of non-criminal acts, etc.
This started by wondering why the NTSB announces findings before their investigation is finished.  What do all these tortured reasons and answers have to do with that question? If this is so hoity-toity legal and constitutional, why go public with anything?
I asked if an engineer would not be charged with a rules violation if he fell asleep.  It is a serious question.  How can you blame somebody that had no control over their inaction?  Generally, I have seen that in a railroad accident investigation, there are no excuses for a rules violation.  In this case we have rules violation.   
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Posted by Mookie on Sunday, June 7, 2015 3:05 PM

Euclid

Well who says this is a criminal investigation, if the is what you are referring to?

 

 Mischief I finally figured it out....you are playing "Devils Advocate".  Now I just need to figure out if you are doing it for free or if someone is paying you.  But never fear, just like the rumor that Kalmbach pays me, your secret is safe with me!Mischief

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Posted by Anonymous on Sunday, June 7, 2015 2:38 PM

Euclid

Well who says this is a criminal investigation, if the is what you are referring to?

 

You just don't comprehend very well do you?

They are referring to the legal aspects of the INVESTIGATION.

 

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Posted by Euclid on Sunday, June 7, 2015 2:33 PM

Well who says this is a criminal investigation, if the is what you are referring to?

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Posted by Norm48327 on Sunday, June 7, 2015 2:21 PM

Euclid
Why is there a presumption of innocence?

Good grief; read the Constitution.

Euclid
What else needs to be proven?

Again; read the law.

Norm


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