No trial for Amtrak engineer in deadly crash until 2019

PHILADELPHIA >> An Amtrak engineer charged with manslaughter in a deadly highspeed derailment in Philadelphia won’t go on trial until next year because of delays in getting evidence from federal investigators.

A lawyer for Brandon Bostian said neither he nor state prosecutors have been able to get the on-board video recordings from the 2015 crash and other evidence needed to try the case. A Philadelphia judge on Wednesday ordered Bostian to appear in court Dec. 20 so she can set a trial date.

Judge Kathryn S. Lewis said she expects to give lawyers several months from that date to prepare for trial. Lewis had reinstated the reckless endangerment and involuntary manslaughter charges last year after another judge dismissed them.

Eight people were killed and about 200 injured in 2015 when the New Yorkbound train derailed as it rounded a curve at more than twice the 50 mph (80 kph) speed limit.

Defense lawyer Brian McMonagle said it’s still not clear what caused the train to accelerate. National Transportation Safety Board investigators concluded Bostian lost his bearings while distracted by radio chatter about a nearby train that was struck by a rock. They found no evidence Bostian was impaired or using a cellphone.

Both McMonagle and prosecutors have given the NTSB a list of information they are seeking through public records requests, but said they had gotten little in the months since an NTSB representative promised in court to provide them. They told Lewis the office handling the agency’s Freedom of Information Act requests is overwhelmed with requests, causing delays.

“I am genuinely concerned that the law enforcement agencies that’s prosecuting the case doesn’t have everything they need. I know I don’t have everything I need,” McMonagle said.