TRAIN CRASH DEFENDANT ASKS FOR OUTSIDE JURY

Defense lawyers for the man who was at the controls of the Norfolk Southern train that crashed near Gardeau almost two years ago claim their client cannot get a fair trial in McKean County.

Citing media coverage of the case, lawyers for 46- year-old Michael Seifert of West Seneca, N.Y., have asked McKean County Judge John Yoder to move the trial out of the county or bring in an outside jury.

Seifert was at the controls of the speeding train on June 30, 2006, when 28 cars derailed, spilling about 42,000 gallons of lye. Much of the chemical spill flowed into the Sinnemahoning Portage Creek and the Driftwood Branch, wiping out aquatic life for several miles downstream.

Seifert is charged with risking a catastrophe and reckless endangerment. He also faces two counts of unlawful conduct regarding solid waste and water pollution.

While Seifert faces criminal charges, the conductor, Stevan Rogers, has escaped prosecution.

Jurors trying to decide Seifert's fate could face a difficult task, since Rogers 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.

Seifert's lawyers say he faced two choices: stop the train, risking a more catastrophic crash, or attempt to keep the vessel on the tracks during the speedy descent.

The Fish and Boat Commission (F&BC) and the Department of Environmental Protection (DEP) settled jointly with Norfolk Southern for $7.35 million, half of which went to each agency. The railroad has also spent nearly $4 million to remove contaminated soil and restore the affected area and waterways.