TRAIN CRASH CASE CONTINUES

Criminal charges remain pending against the man in control of the freight train that crashed near Keating Summit in June 2006.

Last week, a judge was asked to throw out much of the evidence the prosecution plans to use against 46-year-old Michael Seifert of West Seneca, N.Y., claiming it was improperly obtained.

McKean County President Judge John Yoder will decide if prosecutors went too far.

The Norfolk Southern Railroad train derailed in a remote area near Gardeau, resulting in a lye spill that polluted pristine waterways extending miles beyond the crash site.

At issue before Judge Yoder is whether investigators obtained Seifert's medical records improperly and interviewed his doctor with a search warrant. Defense lawyers have asked Judge Yoder to order that an outside jury hear the case, claiming their client cannot get a fair trial in McKean County.

Seifert was initially represented by attorney Paul Malizia, who withdrew from the case when he was elected Cameron County District Attorney. Warren County attorney Rick Hernan is now handling the defense.

Seifert is charged with causing a catastrophe and related charges in one case being prosecuted by McKean County District Attorney John Pavlock. He is also being prosecuted by the Pa. Attorney General for improper management hazardous waste and water pollution.

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.