Defense suffers setback with ruling in Bostian trial

Defense suffers setback with ruling in Bostian trial

By Trains Staff | March 2, 2022

| Last updated on March 22, 2024


Jury will not be allowed to hear claim Amtrak bears responsibility for turning off ATC

PHILADELPHIA — The defense suffered a significant setback in the trial of Amtrak engineer Brandon Bostian on Tuesday, with Common Pleas Court Judge Barbara McDermott ruling the jury would not be allowed to hear any testimony regarding automatic train control.

KYW-TV reports the defense had planned to argue that Amtrak was at fault in the accident for not activating the train control system at the site of the 2015 derailment that killed eight people. Bostian, who was at the controls when the train derailed after entering a 50-mph curve at more than 100 mph, is on trial for causing a catastrophe, involuntary manslaughter, and reckless endangerment.

Defense attorney Robert Goggin said Amtrak had turned off the ATC “in anticipation of positive train control, and they didn’t put in positive train control [until later].” Goggin said the ruling was “brutal.”

The trial continues Wednesday.

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