Federal Judge Rules Flight 3407 CVR Can Be Used As Evidence | Aero-News Network
Aero-News Network
RSS icon RSS feed
podcast icon MP3 podcast
Subscribe Aero-News e-mail Newsletter Subscribe

Airborne Unlimited -- Recent Daily Episodes

Episode Date

Monday

Tuesday

Wednesday

Thursday

Friday

Airborne On ANN

Airborne 04.13.15

Airborne 04.14.15

Airborne 04.15.15

Airborne 04.16.15

Airborne 04.17.15

Airborne Hi-Def On YouTube

Airborne 04.13.15

Airborne 04.14.15

Airborne 04.15.15

Airborne 04.16.15

Airborne 04.17.15

Thu, Oct 21, 2010

Federal Judge Rules Flight 3407 CVR Can Be Used As Evidence

Judge Said Written Transcript Does Not Accurately Reflect Actual Conditions

In a decision that could have far-reaching implications for aviation, a federal judge has ruled that the actual recording from the cockpit voice recorder (CVR) made when Continental Connection Flight 3407 went down can be introduced as evidence in the wrongful death suits filed in connection with the accident.

A transcript of the CVR recording was released last year, but judge William M Skretny said the written transcript was not complete and contains inaccuracies. The Buffalo News reports that Skretny listened to the recordings in private before making his ruling.

"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 ambient and other noises pertinent to the aircraft's operation," Skretny wrote in his opinion. "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," the ruling continued.

Attorneys for the families of some of those fatally injured in the accident said that the written transcript does not convey the "pre-impact terror" aboard the aircraft.

39 lawsuits have been filed in connection with the accident. The paper reports that five have been settled out of court.

Aero-News Analysis: There are few in aviation that will argue with the opinion that this sets an overtly dangerous precedent. Pilots have fought the disclosure of such recordings for years by virtue of the fact that the real factual evidence is contained in the transcripts that ARE released and that the actual recordings will do nothing but harm those involved (emotionally) and enrich grand-standing attorneys. This decision needs to be fought at all costs... as the release of this information has no evidentiary value whatsoever... and is nothing but a ghoulish attempt to profit off tragedy. -- Jim Campbell, ANN Editor-In-Chief

FMI: www.ca2.uscourts.gov

Advertisement

More News

Garmin Enhances New And Existing G500 And G600 Glass Flight Display Systems

ADS-B Display Capability, Faster & Modernized Mapping Now Included Garmin has rolled out enhanced capability and an expanded feature set for the G500/G600 glass flight display >[...]

Airborne 04.17.15: DC Gyroplane Fallout, ICAS Airshow Update, Message To Space

Also: Blue Origin, Flying Cucumber?, BBJ Combi, NetJets Partners w/Ohio State, ExIm Helo Deal, Long-Range Navy UAS Obviously, the stunt pulled by Douglas Hughes of Ruskin, Florida >[...]

Airborne 04.16.15: Record-Setting AEA15, 9000 RVs!!!, ULA's 'Vulcan'

Also: DJI Phantom 3, API Update, Skyhawks In China, Air Methods Fined, Naming Pluto Features, Era Group Sale The 58th annual Aviation Electronics Association International Conventi>[...]

Airborne 04.17.15: DC Gyroplane Fallout, ICAS Airshow Update, Message To Space

Also: Blue Origin, Flying Cucumber?, BBJ Combi, NetJets Partners w/Ohio State, ExIm Helo Deal, Long-Range Navy UAS Obviously, the stunt pulled by Douglas Hughes of Ruskin, Florida >[...]

ANN's Daily Aero-Linx (04.18.15)

Seaplane Pilots Association The public section of the website for the Seaplane Pilots Association makes available hundreds of articles and discussions about seaplane Training, Advo>[...]

blog comments powered by Disqus



Advertisement

Advertisement

Podcasts

Advertisement

© 2007 - 2015 Web Development & Design by Pauli Systems, LC