Thu, Oct 21, 2010
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
More News
Airbus Racer Demonstrator Makes Inaugural Flight Airbus Helicopters' ambitious Racer demonstrator has achieved its inaugural flight as part of the Clean Sky 2 initiative, a corners>[...]
A little Bit Quieter, Said Testers, But in the End it's Still a DA40 Diamond Aircraft recently completed a little pilot project with Lufthansa Aviation Training, putting a pair of >[...]
Line Up And Wait (LUAW) Used by ATC to inform a pilot to taxi onto the departure runway to line up and wait. It is not authorization for takeoff. It is used when takeoff clearance >[...]
Contributing To The Accident Was The Pilot’s Use Of Methamphetamine... Analysis: The pilot departed on a local flight to perform low-altitude maneuvers in a nearby desert val>[...]
From 2015 (YouTube Version): Overcoming Obstacles To Achieve Their Dreams… At EAA AirVenture 2015, FedEx arrived with one of their Airbus freight-hauling aircraft and placed>[...]
Airbus Racer Helicopter Demonstrator First Flight Part of Clean Sky 2 Initiative
See All