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

Airborne Unlimited-
Monday

Airborne-Unmanned w/AUVSI-
Tuesday

Airborne Unlimited-
Wednesday

AMA Drone Report-
Thursday

Airborne Unlimited-
Friday

Airborne On ANN

Airborne 12.18.17

Airborne-Unmanned 12.12.17

Airborne 12.13.17

AMA Drone Report 12.14.17

Airborne 12.15.17

Airborne-YouTube

Airborne 12.18.17

Airborne-Unmanned 12.12.17

Airborne 12.13.17

AMA Drone Report 12.14.17

Airborne 12.15.17

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

Airborne 12.15.17: New Shepard Flies Again, Falcon 5X Cancelled, Flying Car Race

Also: Online Pilot Records Database, GA Security Bill, $1M 4 ERAU, Blades Aerobatic Team Blue Origin's New Shepard made its seventh test flight Tuesday afternoon at the company's l>[...]

AMA Drone Report 12.14.17: Drone Registry, AMA Q&A, New IDRA Boss

Also: LAFD Drones, Toys For Tots FPV, Modular Racing Drone, Community College Drone Program President Donald Trump has signed the Defense Authorization Bill that includes a reinsta>[...]

Airborne-Unmanned 12.12.17: ERAU Storm Chaser, USMC Drone Insignia, Malawian UAV

Also: NLR Signs Agreement, QinetiQ, Big Bend Community College, 2nd Annual UAS Conference, Tigershark UAS Kicking off a series of tests for its capstone project, the UAV Storm Chas>[...]

Aero-News: Quote of the Day (12.18.17)

“Classic jets have been part of the EAA AirVenture warbirds lineup for a number of year, but to include rare British aircraft such as the Meteor, Venom and Vampire makes the >[...]

Klyde Morris (12.18.17)

The Airline Gig Isn't Getting Any Easier, Klyde FMI: www.klydemorris.com>[...]

blog comments powered by Disqus



Advertisement

Advertisement

Podcasts

Advertisement

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