TRAIN CRASH: WHAT REALLY HAPPENED?
Charges against engineer bound over to trial

What really happened in the engine compartment of the speeding Norfolk Southern train that derailed near Gardeau last summer, spilling thousands of gallons of lye?

Investigators trying to piece together the actions of the two men operating the train have charged its engineer, Michael J. Seifert, with several offenses while the conductor, Stevan Rogers, has escaped prosecution.

During a recent preliminary hearing, District Judge Bill Todd of Smethport ordered Seifert held for trial on violating environmental laws. He's also facing separate charges of risking a catastrophe and reckless endangerment.

Seifert's lawyer, Paul Malizia of Emporium, plans to mount a vigorous defense, based on his contention that the 46-year-old suburban Buffalo man is being scapegoated.

Seifert and Rogers are both appealing their firing by Norfolk Southern, but losing his job could be the least of Seifert's worries as the criminal cases progress.

The train jumped the tracks in southwestern McKean County, not far from the junction of Cameron and Potter counties, on June 30, 2006. Upwards of 42,000 gallons of highly concentrated sodium hydroxide, known more commonly as lye, spilled from ruptured tanker cars.

The chemical made its way into Sinnemahoning Portage Creek and the Driftwood Branch, wiping out fish populations and other aquatic life through much of Cameron County.

Jurors trying to decide Seifert's fate could face a difficult task. Attorney Malizia said Rogers, the train's conductor and the only eyewitness besides Seifert himself, has presented inconsistent accounts of what happened in the moments before the crash.

Rogers told a grand jury that he was at the train's controls as it climbed a steep hill near Keating Summit. He said Seifert then took over and remained in control, announcing to Rogers, "We're going to ride this out."

However, at Seifert's earlier dismissal hearing, Rogers stated that Seifert was in complete control of the train during the entire descent, the attorney noted.

The train reached a top speed of about 75 mph as it descended the mountain; the posted speed limit there is 15 mph.

According to Malizia, Seifert faced two choices: stop the train, risking a more catastrophic crash, or attempt to keep the vessel on the tracks during the speedy descent.

"In 2001, while he was a trainee, Mr. Seifert was instructed by his supervisor on a training run to coast down the same hill under similar circumstances and the train at that time reached 73 mph," the attorney said. "Mr. Seifert was doing what he had been trained to do."

Malizia also accuses prosecutors of exaggerating the impact that traces of morphine and benzodiazepines may have had on Seifert's ability to operate the train.

"Norfolk Southern's own toxicologist has stated that the level of morphine in Mr. Seifert's bloodstream had no effect on either cognitive functioning or motor skills," Malizia said.

"Another toxicologist confirmed this and stated that the level of benzodiazepines 'may' have altered his cognitive ability," the attorney continued. "In the initial statement by Norfolk Southern's toxicologist, it was stated that the levels in Seifert's bloodstream were 'too insignificant to even bring up'."

The attorney said his defense work on Seifert's behalf has revealed several interesting findings about federal railroad regulations.

Unlike truck drivers, train engineers are not required to limit their hours or record how many hours they've been at the controls.

Additionally, Malizia said, engineers are provided with the number of cars and the train's total weight, but are not given information on the cars' contents.

"It's the conductor who is given a manifest with complete details of the contents of the cars and whether or not they contain hazardous material or hazardous waste," he said.

Norfolk Southern waived a preliminary hearing in front of District Judge Todd on charges of unlawful conduct and pollution of waters, in cases brought by the state attorney general's office and the Fish and Boat Commission, respectively.

The railroad also faces a $8.89 million fine by the state, but has appealed. Norfolk Southern has spent nearly $4 million to remove contaminated soil and restore the affected area and waterways.