MedicCook
11-17-2006, 11:07 PM
Grand jury will hear Ethan Allen evidence
Warren County District Attorney Kate Hogan has decided to have a grand jury hear evidence in the sinking of the Ethan Allen tour boat to determine whether charges are warranted against any of those involved in the tragedy, sources said Friday.
Hogan would not discuss the matter late Friday.
But two sources familiar with the situation said a Warren County grand jury will begin hearing testimony in the case as soon as early next month. They spoke anonymously because grand jury proceedings are secret by law.
Hogan's office has been making arrangements to have witnesses from Michigan to fly to New York to testify, the sources said. All but one of the 20 elderly passengers who died Oct. 2, 2005, when the tour boat sank on Lake George were tourists from Michigan, as were most of the 27 survivors. Capt. Richard Paris also survived.
It was unclear Friday what charges the grand jury would consider and who it might consider them against. The panel can subpoena witnesses as it determines if criminal charges are warranted.
The grand jury could also issue reports as to the actions of any of the public agencies that investigated the capsizing.
Warren County Sheriff Larry Cleveland said Friday his office was not aware of plans to have any of his department's officers appear before the panel.
"No one here has been subpoenaed to testify before a grand jury," he said.
The Sheriff's Department investigated the tragedy and decided not to file criminal charges.
The National Transportation Safety Board also looked into it, ending a nine-month investigation over the summer by concluding there was not just one cause, but that many factors contributed to the capsizing.
The NTSB blamed boat instability it said occurred because of modifications, as well as the fact it was carrying too much weight and may have been rocked by a wave.
It was carrying fewer than the maximum number of passengers the U.S. Coast Guard certified it to carry, but the NTSB concluded afterward that it should not have been allowed to have more than 14 on board.
Paris, the captain, said Friday night he had not heard about the grand jury investigation.
"I don't think there's going to be anything," he said.
The boat was owned by Shoreline Cruises of Lake George. James Quirk, the owner of the company, could not be reached for comment late Friday.
Mark Schachner, a lawyer for Shoreline, said Friday he was not aware of any plans for grand jury action. He said the company has maintained throughout the investigation it did nothing wrong, and he believed no charges were warranted.
Shoreline officials have maintained the company could not have prevented the capsizing and have blamed the wake from a bigger tour boat on the lake, the Mohican. The Mohican's owners, Lake George Steamboat Co., have maintained their boat had nothing to do with the disaster.
The news of a grand jury investigation was welcomed by Bedford, Mich., resident Ronald Zdrojewski, whose mother-in-law and father-in-law, Caryl and William Gilson, were among those who died when the boat flipped over that warm fall afternoon.
Zdrojewski has questioned the handling of the investigation, going as far as to urge a boycott of Warren County earlier this year because of what he called a "coverup" in the case. He believes the boat's owners should have been charged.
Zdrojewski said he has spoken to Hogan several times, and knew she was mulling a grand jury inquiry.
"I'm happy to hear that," he said Friday. "I want justice to take place."
Albany-area lawyer James Hacker, who represents a number of victims and their relatives in civil lawsuits filed over the tragedy, said he had heard rumors of possible grand jury action, but had not been formally made aware of it.
"No one has been subpoenaed, as far as I know," he said.
He said he doesn't believe there are any felony charges warranted in the case. He also said he did not believe the boat's lack of a second crew member played a part in the loss of life.
Hogan has acknowledged for months that her office was reviewing evidence in the case with an eye on a possible grand jury investigation. She has not said who the inquiry was focusing on or commented on potential charges.
http://www.poststar.com/articles/2006/11/17/news/doc455e7a0ce7235753060489.txt
Warren County District Attorney Kate Hogan has decided to have a grand jury hear evidence in the sinking of the Ethan Allen tour boat to determine whether charges are warranted against any of those involved in the tragedy, sources said Friday.
Hogan would not discuss the matter late Friday.
But two sources familiar with the situation said a Warren County grand jury will begin hearing testimony in the case as soon as early next month. They spoke anonymously because grand jury proceedings are secret by law.
Hogan's office has been making arrangements to have witnesses from Michigan to fly to New York to testify, the sources said. All but one of the 20 elderly passengers who died Oct. 2, 2005, when the tour boat sank on Lake George were tourists from Michigan, as were most of the 27 survivors. Capt. Richard Paris also survived.
It was unclear Friday what charges the grand jury would consider and who it might consider them against. The panel can subpoena witnesses as it determines if criminal charges are warranted.
The grand jury could also issue reports as to the actions of any of the public agencies that investigated the capsizing.
Warren County Sheriff Larry Cleveland said Friday his office was not aware of plans to have any of his department's officers appear before the panel.
"No one here has been subpoenaed to testify before a grand jury," he said.
The Sheriff's Department investigated the tragedy and decided not to file criminal charges.
The National Transportation Safety Board also looked into it, ending a nine-month investigation over the summer by concluding there was not just one cause, but that many factors contributed to the capsizing.
The NTSB blamed boat instability it said occurred because of modifications, as well as the fact it was carrying too much weight and may have been rocked by a wave.
It was carrying fewer than the maximum number of passengers the U.S. Coast Guard certified it to carry, but the NTSB concluded afterward that it should not have been allowed to have more than 14 on board.
Paris, the captain, said Friday night he had not heard about the grand jury investigation.
"I don't think there's going to be anything," he said.
The boat was owned by Shoreline Cruises of Lake George. James Quirk, the owner of the company, could not be reached for comment late Friday.
Mark Schachner, a lawyer for Shoreline, said Friday he was not aware of any plans for grand jury action. He said the company has maintained throughout the investigation it did nothing wrong, and he believed no charges were warranted.
Shoreline officials have maintained the company could not have prevented the capsizing and have blamed the wake from a bigger tour boat on the lake, the Mohican. The Mohican's owners, Lake George Steamboat Co., have maintained their boat had nothing to do with the disaster.
The news of a grand jury investigation was welcomed by Bedford, Mich., resident Ronald Zdrojewski, whose mother-in-law and father-in-law, Caryl and William Gilson, were among those who died when the boat flipped over that warm fall afternoon.
Zdrojewski has questioned the handling of the investigation, going as far as to urge a boycott of Warren County earlier this year because of what he called a "coverup" in the case. He believes the boat's owners should have been charged.
Zdrojewski said he has spoken to Hogan several times, and knew she was mulling a grand jury inquiry.
"I'm happy to hear that," he said Friday. "I want justice to take place."
Albany-area lawyer James Hacker, who represents a number of victims and their relatives in civil lawsuits filed over the tragedy, said he had heard rumors of possible grand jury action, but had not been formally made aware of it.
"No one has been subpoenaed, as far as I know," he said.
He said he doesn't believe there are any felony charges warranted in the case. He also said he did not believe the boat's lack of a second crew member played a part in the loss of life.
Hogan has acknowledged for months that her office was reviewing evidence in the case with an eye on a possible grand jury investigation. She has not said who the inquiry was focusing on or commented on potential charges.
http://www.poststar.com/articles/2006/11/17/news/doc455e7a0ce7235753060489.txt