Brandon Bostian Trial: New Evidence Revealed By Prosecutors; Defense Suffers 'Brutal' Setback
PHILADELPHIA (CBS) -- New evidence was presented Tuesday against the former Amtrak Engineer on trial for involuntary manslaughter in a fatal 2015 train derailment in Philadelphia's Port Richmond section.
For the first time, Eyewitness News is able to show up-close photos that first responders and investigators took of the wreckage of Amtrak 188. The photos are part of a larger body of evidence the prosecutor is using to try their case.
It was a devastating crash that left some train cars mangled, others lying on their side.
Eight people were killed. More than 200 others were injured.
These are the photos the prosecutors showed the jury that will decide the fate of former Amtrak engineer Brandon Bostian.
"He's terrified. Of course, he's terrified," said Robert Goggin, an attorney representing Bostian. "And now he's in the courtroom hoping not to spend the next several years of his life in prison."
Prosecutors say Bostian was going over 100 mph around a curve when his train flew off the tracks at Frankford Junction back in May 2015.
The defense argues that Amtrak was at fault for the crash for failing to activate automatic train control, or ATC, on the northbound side of the tracks where the crash happened.
"ATC. It's a transponder that if you go over it at a speed that is in excess, it will stop the train completely or it will lower the train to an appropriate speed," Goggin said. "They turned these things off in anticipation of positive train control and they didn't put in positive train control."
But on Day 3 of the trial, the judge ruled the jury cannot hear any reference to ATC, a major setback for the defense.
"It's brutal, but we've got a few tricks still up our sleeves," Goggin said.
On Tuesday, the jury heard from four more witnesses, including the man who trained Bostian on how to be an Amtrak engineer.
"What the prosecution wants him to say is that this is the one job in the USA where if you're not absolutely perfect 100% of the time, 365 days a year, you could go to jail," Goggin said.
It's unknown whether the defense will let Bostian take the stand.
The trial resumes Wednesday at 9 a.m.
