(The following story by Noah Bierman appeared on the Boston Globe website on March 11, 2009.)
BOSTON — Prosecutors have declined to file a criminal complaint against anyone involved in last year’s runaway freight car crash in Canton that left about 100 commuter rail passengers injured.
The March 25 crash, which occurred when a 112-ton car rumbled three miles down a track and rammed a commuter train, is the subject of a lawsuit between the MBTA and CSX, the freight railroad that owned the runaway car. The Massachusetts Bay Transportation Authority, in its lawsuit, has accused the freight crew of failing to secure the car properly while it was housed at a lumber yard.
Freight crew members had previously declined to testify in the civil case, citing their constitutional right against self-incrimination. Robert D’Auria, a lawyer for the freight conductor, James Collins, said the closing of the criminal case clears the way for his client, and the train engineer who worked with him, to testify in the civil case.
He said MBTA police, who investigated the case, misused their power, orchestrating a criminal investigation to further the civil case and discredit the crew.
“It’s a relief for the employees involved, that somebody’s come to their senses and realized that there were no criminal actions committed,” said George T. Casey, local leader of the United Transportation Union, which represents conductors.
MBTA spokesman Joe Pesaturo said “transit police detectives gathered the facts and presented them to the district attorney.” He said the end of the criminal investigation may help the civil case move forward by allowing the crew to speak more freely.
A CSX spokesman declined to comment.