Northeast Regional 188 - Accident In Philadelphia

Ken W2KB wrote: ↑Tue Feb 22, 2022 10:10 am Likely not violated. The right protects only against delays caused by the government, i.e., the prosecution causing an unreasonable delay. Based upon everything I have read, the delays were the result of defense counsel contesting and appealing the the attempts by the prosecution to bring the defendant to trial. The prosecution was ready, willing and able to proceed to trial years ago.

Though in all the previous pretrial proceedings, it was the various judges involved that dismissed the cases before they ever got to trial. The prosecution may have been ready, but evidently, the defense arguments were better. We'll see how it goes this time, I suppose. Given the general public's overall non-understanding of how railroads work, the defense will have their work cut out for them, as far as the jury is concerned.

As described in the article a bit more convoluted than that. Philadelphia DA declined to prosecute the case. Victims’ attorneys filed a criminal complaint resulting in a judge ordering criminal charge. That charge (not a lawyer so can’t explain legal underpinning of this process- just going from the article) apparently was dismissed but the dismissal overturned - and then went thru the dismissal and resuscitation process another time.

The state AG office is prosecuting the case due to the Phila DA office’s initial decision to decline.

As I understand it, various prosecutors and judges ruled that the event was a tragic accident, not a crime. But PA has a law that allows victims, or maybe anyone, to demand prosecution. I don 't know what gives one the standing to make this demand. But the demand to prosecute was made and, however it works, upheld. So now Mr Bostian would be prosecuted. But the Phila DA declined to do it. So now the PA Attorney General is prosecuting. I don't know what he thinks: Does he think Mr Bostian should be prosecuted, or does he just think that his office has the legal duty to prosecute under the circumstances? Maybe someone more familiar with the legal circumstances could enlighten us.

Negligence or reckless disregard certainly can be criminal. Remember the Exxon Valdez? Capt.Hazelwood (who wasn't at the controls) was brought up on charges. He was cleared of the serious ones (including intoxication) but convicted on one misdemeanor. And no one died (at least no humans).

https://en.wikipedia.org/wiki/Exxon_Valdez_oil_spill

One might want to read the previous 100 pages on this topic. Much has been said. Not sure there is much more to say other than acknowledge that the court process continues.

As the resident Pennsylvania/New Jersey attorney here (not my area of expertise, but know where to find the answers on Pennsylvania specific issues), the procedural history here is quite tortured and will try to make it easy for normal humans to understand:

1. Philadelphia DA decided there wasn't enough evidence so it declined to prosecute.
2. Philadelphia Municipal Court President Judge decided there was enough evidence to prosecute after victims sought to force the Philadelphia DA to prosecute.
3. Philadelphia DA requested the state Attorney General take over case due to obvious conflict of interest (saying the person is not guilty makes it hard for you to prosecute).
4. Pennsylvania Attorney General takes over case.
5. In late 2017, charges are dismissed by the Philadelphia Municipal Court.
6. Charges are brought again in 2019, which are dismissed by Philadelphia Common Pleas Court, but reinstated upon appeal by Pennsylvania Superior Court.
7. Due to delays caused by COVID backlogs, case starts trial now.

Can the PHL DA be called as a defense witness. That would be interesting!

west point wrote: ↑Sat Feb 26, 2022 2:46 pmCan the PHL DA be called as a defense witness. That would be interesting!

Character witness? Otherwise the DA was not a direct witness to any of the alleged crimes and he could only offer hearsay that would be better coming directly from the original sources or an expert who could present information from the NTSB report.

This case is a waste of time and money: Amtrak has already accepted responsibility for the accident and paid out settlements to survivors/families accordingly. The engineer lost his livelihood and reputation, he will likely never hold a white-collar job again while spending the rest of his life in his parents' basement. Prosecuting him isn't justice, it's blind vengeance.

DerTeufel wrote: ↑Sun Feb 27, 2022 10:13 am This case is a waste of time and money: Amtrak has already accepted responsibility for the accident and paid out settlements to survivors/families accordingly. The engineer lost his livelihood and reputation, he will likely never hold a white-collar job again while spending the rest of his life in his parents' basement. Prosecuting him isn't justice, it's blind vengeance.

Amtrak only admitted civil liability for which the standard of proof is a "preponderance of the evidence", i.e. just over 50 percent probability/evidence. The criminal standard of proof to be applied in this trial is "beyond a reasonable doubt", a substantially higher threshold.

>>> "lost his livelihood and reputation"<<< The same can be said of most individuals who have been caught in a criminal act, even if ultimately not convicted. The media publicity, etc. is easily researched by potential employers, etc. Such is not a reason to forego prosecution of those who are alleged to have engaged in criminal acts. One of the purposes of criminal prosecutions is to set an example to others. Potential prosecution and incarceration is a much more effective deterrent than civil liability or tarnishing a person's reputation. By way of analogy, a common example, under New Jersey law, is driving under the influence of any impairing substance (legal, legally prescribed to the driver, or not) which is a motor vehicle offense, but becomes a serious criminal offense if, as a result, a person is injured or killed. An even better analogy is reckless driving of a motor vehicle resulting in death, see for example this NJ model jury charge which the trial judge would use to explain to the jury: https://www.njcourts.gov/attorneys/asse ... icide9.pdf

Not guilty.

https://abc7ny.com/philadelphia-amtrak- ... /11619333/

Amen.

I'm so glad he was acquitted. I understand that people want "justice," but the real culprit is the kid who threw the rock in the first place, and if they haven't surfaced by now they likely never will. Sorry, it sucks, but that's no reason to destroy Bostian's life any more than it already has.
More suffering does NOT = justice!

Good, let's stop harassing this guy and let him get on with his life.

Second guilty person was Amtrak not activating ATC cab 60 speed at signal before Frankford going northbound. but it was active going south. Remember PRR had an overspeed crash there during WW-2
If a GG-1 could do it most certainly a Sprinter would!