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 02.01.16

Airborne 02.02.16

Airborne 02.03.16

Airborne 02.04.16

Airborne 02.05.16

Airborne Hi-Def On YouTube

Airborne 02.01.16

Airborne 02.02.16

Airborne 02.03.16

Airborne 02.04.16

Airborne 02.05.16

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 02.05.16: Collier Trophy Noms, NJ Homeowner Nonsense, Flight Design USA

Also: A-10 Survives, The Essential Aero-Community, Miami Seaplanes, ERAU WACO, Jeppesen Leadership, ADS-B Kickstarter, Guilty Non-Pilot The National Aeronautic Association announce>[...]

P-51 'Big Beautiful Doll' Down In Arizona, Jeff Pino Lost

Pilot, Jeff Pino, Fatally Injured In The Accident ANN RealTime Update -- 020516, 2114 ET: ANN is aggrieved to confirm that the aircraft involved in this tragedy was none other than>[...]

Airborne 02.04.16: ATC Privatization Fears Mount, PK Floats, IFD440 Update

Also: RIP Roger Boisjoly, Let Bob Fly, 1st Legacy 500, AZ Sales Tax Exemption, Hartzell 5-Blades, Air Transat, Pro Line Fusion Transportation and Infrastructure Committee Chairman >[...]

Airborne 02.05.16: Collier Trophy Noms, NJ Homeowner Nonsense, Flight Design USA

Also: A-10 Survives, The Essential Aero-Community, Miami Seaplanes, ERAU WACO, Jeppesen Leadership, ADS-B Kickstarter, Guilty Non-Pilot The National Aeronautic Association announce>[...]

A Personal Note From ANN's Jim Campbell to the ANN/Airborne/Aero-TV Family

Hi Folks... I thought a personal note might be just the way to start a process with you all that should result in something quite extraordinary. Life is INSANE here at ANN HQ... wh>[...]

blog comments powered by Disqus



Advertisement

Advertisement

Podcasts

Advertisement

© 2007 - 2016 Web Development & Design by Pauli Systems, LC