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

AMA Drone Report

Airborne-Monday

Airborne-Tuesday

Airborne-Wednesday

Airborne-Thursday

Airborne-Friday

Airborne-Unmanned w/AUVSI

Airborne On ANN

AMA 10.19.17

Airborne 10.16.17

Airborne 10.17.17

Airborne 10.18.17

Airborne 10.19.17

Airborne 10.20.17

Airborne-Unmanned 10.17.17

Airborne-YouTube

AMA 10.19.17

Airborne 10.16.17

Airborne 10.17.17

Airborne 10.18.17

Airborne 10.19.17

Airborne 10.20.17

Airborne-Unmanned 10.17.17

NEW!!! 2017 AirVenture Innovation Preview -- YouTube Presentation / Vimeo Presentation

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

RFP: ANN Seeking New Site/Facility For Major Studio Upgrade

It's Official: Aggressive Upgrades For New Airborne Programs WILL Require New Digs It's been in development for years, but we're getting to a point where we think we can pull off s>[...]

Airborne 10.19.17: 200th TBM 900-Series, MooneyShares, E-AB Accident Stats

Also: Supersonic Test, Kobe Steel, Sullenberger Awarded, A-29 Super Tucanos, Textron, 109th AW CDR Daher recently rolled out its 200th TBM 900-series very fast turboprop aircraft s>[...]

AMA Drone Report 10.19.17: Drone/Airliner Midair?, FAA Sued, CNN 107 Waiver

Also: Swedish Drone Ban Lifted, Rocky Mountain Hobby-Expo, Drone Shark Detection, Kittyhawk DJI Sync 2.0 Recent reports about a midair collision between a jet and a drone have been>[...]

Airborne-Unmanned 10.17.17: Eagles v Drones, DJI AeroScope, Drone Policy

Also: AeroVironment Award, Washington State Patrol, Altavian Nova UAS, Robotaxis The French Military is training four Golden Eagles to attack drones in flight as a way to defend ag>[...]

Airborne 10.20.17: Santa Monica Setback, Red Bull Aviatrix, C-49 Flies Again

Also: HondaJet World Tour, Barnstorming, SpaceX, Dauntless, Fixed-Wing VTOL, Gravitational-Waves, Swedish Drones The City of Santa Monica may now proceed with shortening the runway>[...]

blog comments powered by Disqus



Advertisement

Advertisement

Podcasts

Advertisement

© 2007 - 2017 Web Development & Design by Pauli Systems, LC