TWO YEARS LATER, TRAIN CRASH CASE UNSETTLED

The two-year anniversary of the devastating lye spill near Gardeau passed on Monday with charges still pending against the train engineer accused of causing the accident.

Michael Seifert, 46, of West Seneca, N.Y., was at the controls of a Norfolk Southern Railroad freight train that derailed in McKean County in a remote area not far from Keating Summit. Ruptured tankers spilled about 42,000 gallons of sodium hydroxide, much of which flowed into the Sinnemahoning Portage Creek and the Driftwood Branch, wiping out aquatic life for several miles downstream.

Seifert, who is represented by Warren County attorney Rick Hernan, is charged with causing a catastrophe, risking a catastrophe and recklessly endangerment in one case being prosecuted by McKean County District Attorney John Pavlock.

In a separate case prosecuted by the Pa. Attorney General, he is charged with improper management of hazardous waste, unlawful conduct regarding solid waste and water pollution.

Seifert recently filed a motion to suppress evidence seized from Norfolk Southern's law firm during an investigation into the train wreck. The evidence includes post-accident toxicology results, job performance information and private information.

Hernan also argues that state investigators interviewed Seifert's physician without obtaining a search warrant and without Seifert's permission.

A hearing has been set for 1:30 p.m. Friday in McKean County for arguments on the motion.

Seifert has also asked McKean County Judge John Yoder to move the trial out of the county or bring in an outside jury, due to publicity which would make it difficult to empanel a fair jury.

His lawyers say he faced two choices as the train sped out of control while descending a steep hill: stop the train, risking a more catastrophic crash, or attempt to keep the vessel on the tracks during the 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.